[PDF] Pathways To Judicial Power In Transitional States eBook

Author : Rachel Ellett
Publisher : Routledge
Page : 252 pages
File Size : 44,72 MB
Release : 2013-08-21
Category : Law
ISBN : 1135965986

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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 : Rachel L. Ellett
Publisher : ProQuest
Page : 553 pages
File Size : 46,58 MB
Release : 2008
Category : Africa, Sub-Saharan
ISBN : 9780549521709

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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 : Jessica Almqvist
Publisher : Routledge
Page : 359 pages
File Size : 32,7 MB
Release : 2013-06-17
Category : Law
ISBN : 1136579257

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Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Author : Isobel Coleman
Publisher : Council on Foreign Relations Press
Page : 0 pages
File Size : 22,34 MB
Release : 2013
Category : Democratization
ISBN : 9780876095669

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"Many developing countries have launched transitions from authoritarianism to democracy over the past twenty-five years. While some have succeeded in building relatively strong democracies with shared prosperity, others have stumbled. As a wave of change continues to unfold across the Middle East, Africa, and Asia, the policy-relevant insights that can be gleaned from recent transitions are more salient than ever. Through case studies on Brazil, Indonesia, Mexico, Nigeria, Poland, South Africa, Thailand, and Ukraine, Pathways to freedom explores the structural factors and policy choices that shaped eight important transitions--some successful, others less so. The case studies focus on six themes: socioeconomic inclusion and exclusion, economic structure and policies, civil society and media, legal system and rule of law, government structure, and education and demography. Additional chapters examine these themes in light of the quantitative evidence on democratization and highlight concrete policy recommendations from across the case studies. With concise historical analysis and forward-looking prescriptions, Pathways to freedom offers an authoritative and accessible look at what countries must do to build durable and prosperous democracies--and what the United States and others can do to help"--Back cover.

Author : Anna Dziedzic
Publisher : Bloomsbury Publishing
Page : 257 pages
File Size : 43,43 MB
Release : 2021-11-04
Category : Law
ISBN : 1509942874

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This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

Author : Rosann Greenspan
Publisher : Cambridge University Press
Page : 407 pages
File Size : 39,50 MB
Release : 2019-06-13
Category : Law
ISBN : 1108415687

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Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.

Author : B. C. Smith
Publisher : Taylor & Francis
Page : 326 pages
File Size : 22,57 MB
Release : 2022-11-18
Category : Political Science
ISBN : 1000786439

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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 : Cheryl Lawther
Publisher : Edward Elgar Publishing
Page : 567 pages
File Size : 19,12 MB
Release : 2017-06-30
Category : Law
ISBN : 178195531X

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Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Author : TT Arvind
Publisher : Bloomsbury Publishing
Page : 479 pages
File Size : 10,64 MB
Release : 2021-02-25
Category : Law
ISBN : 1509930345

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In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.