Judicial Independence in Transition

Judicial Independence in Transition
Author :
Publisher : Springer Science & Business Media
Total Pages : 1367
Release :
ISBN-10 : 9783642282997
ISBN-13 : 3642282997
Rating : 4/5 (97 Downloads)

Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr

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.

Judicial Politics in Mexico

Judicial Politics in Mexico
Author :
Publisher : Routledge
Total Pages : 191
Release :
ISBN-10 : 9781315520605
ISBN-13 : 1315520605
Rating : 4/5 (05 Downloads)

Synopsis Judicial Politics in Mexico by : Andrea Castagnola

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.

Challenged Justice: In Pursuit of Judicial Independence

Challenged Justice: In Pursuit of Judicial Independence
Author :
Publisher : BRILL
Total Pages : 588
Release :
ISBN-10 : 9789004421554
ISBN-13 : 9004421556
Rating : 4/5 (54 Downloads)

Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet

The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Judicial Independence in China

Judicial Independence in China
Author :
Publisher : Cambridge University Press
Total Pages : 440
Release :
ISBN-10 : 9781107375581
ISBN-13 : 1107375584
Rating : 4/5 (81 Downloads)

Synopsis Judicial Independence in China by : Randall Peerenboom

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

Perils of Judicial Self-Government in Transitional Societies

Perils of Judicial Self-Government in Transitional Societies
Author :
Publisher : Cambridge University Press
Total Pages : 487
Release :
ISBN-10 : 9781107112124
ISBN-13 : 1107112125
Rating : 4/5 (24 Downloads)

Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Judges and Democratization

Judges and Democratization
Author :
Publisher : Taylor & Francis
Total Pages : 233
Release :
ISBN-10 : 9781134827848
ISBN-13 : 1134827849
Rating : 4/5 (48 Downloads)

Synopsis Judges and Democratization by : B. C. Smith

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is 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 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. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such 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 text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.

Judicial Independence at the Crossroads

Judicial Independence at the Crossroads
Author :
Publisher : SAGE
Total Pages : 308
Release :
ISBN-10 : 0761926577
ISBN-13 : 9780761926573
Rating : 4/5 (77 Downloads)

Synopsis Judicial Independence at the Crossroads by : Stephen B Burbank

This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.

Transition To Democracy In Latin America

Transition To Democracy In Latin America
Author :
Publisher : Routledge
Total Pages : 347
Release :
ISBN-10 : 9781000009880
ISBN-13 : 1000009882
Rating : 4/5 (80 Downloads)

Synopsis Transition To Democracy In Latin America by : Irwin P Stotzky

The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p

Lawyers in Conflict and Transition

Lawyers in Conflict and Transition
Author :
Publisher : Cambridge University Press
Total Pages : 437
Release :
ISBN-10 : 9780521853989
ISBN-13 : 0521853982
Rating : 4/5 (89 Downloads)

Synopsis Lawyers in Conflict and Transition by : Kieran McEvoy

Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.

Asia-Pacific Judiciaries

Asia-Pacific Judiciaries
Author :
Publisher : Cambridge University Press
Total Pages : 473
Release :
ISBN-10 : 9781107137721
ISBN-13 : 1107137721
Rating : 4/5 (21 Downloads)

Synopsis Asia-Pacific Judiciaries by : H. P. Lee

Explores judicial independence, integrity and impartiality in Asia-Pacific countries.