Judicial Independence In Transition PDF Download
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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.
Author | : Jonathan C. Bond |
Publisher | : |
Total Pages | : 61 |
Release | : 2006 |
Genre | : |
ISBN | : |
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Author | : Andrea Castagnola |
Publisher | : Routledge |
Total Pages | : 191 |
Release | : 2016-11-03 |
Genre | : Political Science |
ISBN | : 1315520605 |
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 | : B. C. Smith |
Publisher | : Taylor & Francis |
Total Pages | : 233 |
Release | : 2017-02-24 |
Genre | : Political Science |
ISBN | : 1134827849 |
Download Judges and Democratization Book in PDF, ePub and Kindle
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.
Author | : B. C. Smith |
Publisher | : CreateSpace |
Total Pages | : 318 |
Release | : 2015-02-03 |
Genre | : Social Science |
ISBN | : 9781503100466 |
Download Judges and Democratization Book in PDF, ePub and Kindle
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. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how 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.
Author | : James Horton Anderson |
Publisher | : World Bank Publications |
Total Pages | : 144 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : 9780821361894 |
Download Judicial Systems in Transition Economies Book in PDF, ePub and Kindle
'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.
Author | : B. C. Smith |
Publisher | : Routledge |
Total Pages | : |
Release | : 2017-01 |
Genre | : |
ISBN | : 9781138682931 |
Download Judges and Democratization Book in PDF, ePub and Kindle
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.
Author | : Nils Asbjørn Engstad |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Judicial independence |
ISBN | : 9789462361164 |
Download The Independence of Judges Book in PDF, ePub and Kindle
An independent judiciary is crucial for upholding the rule of law and for the protection of human rights in a democratic society. The Independence of Judges is an anthology, illustrating that there is still a need for further exploration and reflection on various aspects of the principle of judicial independence. The book presents 22 articles, written from different perspectives and analyses by judges, lawyers, public prosecutors, and scientists in the areas of law, social sciences, and media science. The book's contributions provide an overview of historical developments, as well as issues of current interest in developed countries and in countries in transition, regarding the independent judge. It promotes reflection and debate on universal issues related to the independence of judges. The Independence of Judges will be of interest for anyone concerned with democracy and democracy-building by upholding the rule of law. *** "The Norwegian Association of Judges published a book on judicial independence to celebrate its 100th anniversary in 2012. With adaptations for an international audience, the book, originally issued in Norwegian, has been issued in English, containing 22 essarys on various aspects of judicial independence. The book closes with an interesting essay of judges with the media. For those interested in cross-national perspectives on judicial independence, the book would be of interest." - Court Review, the journal of the American Judges Association, Fall 2014 [Subject: Constitutional Law, Judicial Procedure, Socio-Legal Studies, Human Rights Law, Politics]Ã?Â?
Author | : Shimon Shetreet |
Publisher | : BRILL |
Total Pages | : 588 |
Release | : 2021-08-24 |
Genre | : Law |
ISBN | : 9004421556 |
Download Challenged Justice: In Pursuit of Judicial Independence Book in PDF, ePub and Kindle
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.
Author | : Stephen B Burbank |
Publisher | : SAGE |
Total Pages | : 308 |
Release | : 2002-04-02 |
Genre | : Law |
ISBN | : 9780761926573 |
Download Judicial Independence at the Crossroads Book in PDF, ePub and Kindle
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.