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Perils of Judicial Self-Government in Transitional Societies

Perils of Judicial Self-Government in Transitional Societies
Author: David Kosař
Publisher: Cambridge University Press
Total Pages: 487
Release: 2016-04
Genre: Law
ISBN: 1107112125

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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.


Judicial Accountability

Judicial Accountability
Author: Matt Pollard
Publisher:
Total Pages: 170
Release: 2016
Genre: Human rights
ISBN: 9789290372387

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"It is the latest addition in the series: the ICJ published today its Practitioners Guide No. 13 on Judicial Accountability. The Guide aims to help practitioners ensure accountability for serious judicial misconduct, such as corruption or complicity in human rights violations, while preserving the independence of the judiciary. It focuses on international standards on accountability mechanisms and procedures, illustrated by practical examples. The Guide addresses the need for all countries to ensure effective judicial accountability, while also including special chapters on situations of transition and developing countries. The Guide updates and expands on previous guidance contained in the ICJ publication, Practitioners Guide No. 1: International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors, as well as Practitioners Guide No. 7: International Law and the Fight Against Impunity. It also builds on earlier work of the ICJ on the theme of judicial corruption, including Strengthening Judicial Independence, Eliminating Judicial Corruption. This Guide addresses not only the accountability of individual judges, and the accountability of judiciary as an institution, but also State responsibility under international law, particularly in relation to harm caused to victims of violations by judges. The Guide has been greatly informed by the contributions of outside experts, including the participants to a consultation on judicial accountability in developing countries, convened by the ICJ Centre for the Independence of Judges & Lawyers in Tunisia 8-9 October 2015, as well as the 2015 CIJL Geneva Forum of Judges & Lawyers, 14-15 December 2015."--


Democratization and the Judiciary

Democratization and the Judiciary
Author: Siri Gloppen
Publisher: Psychology Press
Total Pages: 228
Release: 2004
Genre: Law
ISBN: 9780714655680

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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.


Judicial Accountability in Developing Countries

Judicial Accountability in Developing Countries
Author:
Publisher:
Total Pages: 13
Release: 2016
Genre: Judges
ISBN:

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"On 8 and 9 October 2015, the International Commission of Jurists (ICJ) held a consultation meeting in Tunis on the topic of judicial accountability. The focus was on mechanisms and procedures for holding judges to account for involvement in violations of human rights, judicial corruption or similar judicial misconduct, in developing countries. The meeting was organised by the ICJ Centre for the Independence of Judges and Lawyers (CIJL) in the context of a broader project on accountability of judges. The forms of accountability covered by the project include among other things, procedures that can impose professional, civil or criminal consequences for individual judges, mechanisms for truth-seeking, remedy and reparation for victims, and ensuring compliance of domestic law with international obligations. The ICJ will publish a Practitioners' Guide on Judicial Accountability in 2016. The Practitioners Guide will draw on the Tunis consultation, the 2015 Geneva Forum of Judges and Lawyers (to be convened 14-15 December), as well as research conducted by the ICJ. The Guide will document selected national practices and international standards and make recommendations for effective accountability mechanisms and procedures, capable of securing both judicial independence and judicial integrity. While all countries have responsibilities to combat corruption and prevent and respond to human rights violations, it is widely recognised that the negative impacts of corruption on human rights are deepest and most widespread in developing countries. Similarly, many countries undergoing or which have recently undergone a transition from repressive to democratic regimes--a situation with particular relevance to judicial accountability--are developing countries. The Tunis meeting offered the opportunity for judges, researchers and other professionals with expertise in justice systems in a wide range of developing countries from Africa, South America and the MENA region, to exchange views and experiences on the topic. Drawing from their professional experience, knowledge and personal opinion, the participants discussed types of accountability mechanisms, their efficiency, and the main challenges faced in pursuing judicial accountability and potential ways to overcome them in developing countries. The discussions took place on the understanding that the views expressed were personal and would not be attributed to particular participants; some country identification has also been excluded from this summary report where it would be likely to indirectly identify the speaker. This report offers a thematic summary of the discussions held over the course of the two days meeting, and also includes annexes with the list of participants (annex I), and questions for reflection, provided to the participants in advance of the meeting (annex II)."--Page 1.


Judges and Judicial Accountability

Judges and Judicial Accountability
Author:
Publisher:
Total Pages: 284
Release: 2003
Genre: Administrative responsibility
ISBN: 9789832735007

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This book is an eclectic compilation of views from across the common law world. The issues are discussed from the perspective of the challenges encountered by the justice system in developed societies and devloping countries. Among the issues considered are matters relating to judicial decision-making in plural societies, conflicts of interest among judges, questions of judicial corruption, and types of accountability mechanisms for judges. An important contribution is the discussion on the Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence which is today gaining wider recognition from the Commonwealth judiciaries.


The World Bank Legal Review Volume 6 Improving Delivery in Development

The World Bank Legal Review Volume 6 Improving Delivery in Development
Author: Jan Wouters
Publisher: World Bank Publications
Total Pages: 595
Release: 2015-03-09
Genre: Business & Economics
ISBN: 1464803781

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In recent years, better delivery in development has been at the center of development discourse. There is now wide agreement that today'sdevelopment challenges demand effective solutions that fully integrate the aspirations, voices, needs, and support of citizens. But how canthe international community translate that realization into practical accomplishment?Volume 6 of The World Bank Legal Review examines delivery challenges through the lens of three concepts that are critical to better development outcomes: voice, social contract, and accountability. The volume turns a spotlight on the nature of this interlocking trio, revealing that their consistent integration into both the design and the implementation of development efforts is indispensable if successful outcomes are to result.Written by seasoned practitioners and eminent scholars from across the globe, the volume's 24 chapters illuminate the importance of a multidisciplinary approach to development. Development practitioners devoted to rule of law and justice must work with experts from various disciplines to create a synergistic dynamic that can optimize the integration of voice, social contract, and accountability into development efforts.


Comprehensive Legal and Judicial Development

Comprehensive Legal and Judicial Development
Author: Rudolf V. Van Puymbroeck
Publisher: World Bank Publications
Total Pages: 468
Release: 2001-01-01
Genre: Law
ISBN: 9780821348888

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Africa (OHADA), Seydou Ba.


Transitional Justice, Judicial Accountability and the Rule of Law

Transitional Justice, Judicial Accountability and the Rule of Law
Author: Hakeem O. Yusuf
Publisher: Routledge
Total Pages: 412
Release: 2010-04-29
Genre: Law
ISBN: 1136971637

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Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.


Court Performance Around the World

Court Performance Around the World
Author: Maria Dakolias
Publisher: World Bank Publications
Total Pages: 74
Release: 1999-01-01
Genre: Law
ISBN: 9780821344361

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World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.