Crafting Courts In New Democracies
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Crafting Courts In New Democracies
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Author : Matthew Ingram
language : en
Publisher: Cambridge University Press
Release Date : 2016
Crafting Courts In New Democracies written by Matthew Ingram and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.
Brief Van Dick Riegen 1915 Aan Jan Greshoff 1888 1971
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Author :
language : en
Publisher:
Release Date : 1951
Brief Van Dick Riegen 1915 Aan Jan Greshoff 1888 1971 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with categories.
Democratization And The Judiciary
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Author : Siri Gloppen
language : en
Publisher: Psychology Press
Release Date : 2004
Democratization And The Judiciary written by Siri Gloppen and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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.
Manipulating Courts In New Democracies
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Author : Andrea Castagnola
language : en
Publisher: Routledge
Release Date : 2017-10-31
Manipulating Courts In New Democracies written by Andrea Castagnola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-31 with Political Science categories.
When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing democracies the political benefits of manipulating the court outweigh the costs associated with doing so. The instability of the political context and its institutions causes politicians to focus primarily on short-term goals and to care mostly about winning elections. Consequently, judiciaries become a valuable tool for politicians to have under their control. Contrary to the predictions of strategic retirement theory, Castagnola demonstrates that there are various institutional and non-institutional mechanisms for induced retirement which politicians have used against justices, regardless of the amount of support their party has in Congress. The theoretical innovations contained herein shed much needed light on the existing literature on judicial politics and democratization. Even though the political manipulation of courts is a worldwide phenomenon, previous studies have shown that Argentina is the theory-generating case for studying manipulation of high courts.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Routledge
Release Date : 2017-02-24
Judges And Democratization written by B. C. Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Political Science categories.
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.
Crafting Constitutional Democracies
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Author : Edward V. Schneier
language : en
Publisher: Rowman & Littlefield
Release Date : 2006
Crafting Constitutional Democracies written by Edward V. Schneier and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Routledge
Release Date : 2017-01
Judges And Democratization written by B. C. Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01 with categories.
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.
Beyond High Courts
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Author : Matthew Ingram
language : en
Publisher:
Release Date : 2019
Beyond High Courts written by Matthew Ingram and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with HISTORY categories.
Beyond High Courts provides a theoretically and conceptually rich analysis of legal systems in Latin America and reveals their impact on democracy and the rule of law.
Transitional Justice And The Rule Of Law In New Democracies
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Author : A. James McAdams
language : en
Publisher:
Release Date : 1997
Transitional Justice And The Rule Of Law In New Democracies written by A. James McAdams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Routledge
Release Date : 2022
Judges And Democratization written by B. C. Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Political Science categories.
"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 to comparative government/politics, human rights and comparative public law"--