Judicial Reform As Political Insurance
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Judicial Reform As Political Insurance
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Author : Jodi S. Finkel
language : en
Publisher:
Release Date : 2008
Judicial Reform As Political Insurance written by Jodi S. Finkel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.
Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Judicial Politics In Mexico
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Author : Andrea Castagnola
language : en
Publisher: Routledge
Release Date : 2016-11-03
Judicial Politics In Mexico 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 2016-11-03 with Political Science categories.
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.
Judicial Power
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Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Judicial Power written by Christine Landfried 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 2019-02-07 with Law categories.
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Can Courts Be Bulwarks Of Democracy
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Author : Jeffrey K. Staton
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-31
Can Courts Be Bulwarks Of Democracy written by Jeffrey K. Staton 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 2022-03-31 with Law categories.
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
The Achilles Heel Of Democracy
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Author : Rachel E. Bowen
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-26
The Achilles Heel Of Democracy written by Rachel E. Bowen 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 2017-06-26 with Law categories.
Machine generated contents note: 1. Societally penetrated judiciaries and the democratic rule of law; 2. The evolution of judicial regimes; 3. Costa Rica: a liberal judicial regime; 4. Government control regimes in Central America versus the rule of law; 5. Clandestine control in Guatemala; 6. Partisan systems; Conclusion
Comparative Judicial Review
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Author : Erin F. Delaney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Comparative Judicial Review written by Erin F. Delaney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Judicial Politics In Mexico
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Author : Andrea Castagnola
language : en
Publisher: Routledge
Release Date : 2016-11-03
Judicial Politics In Mexico 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 2016-11-03 with Political Science categories.
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.
United Nations Justice
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Author : Calin Trenkov-Wermuth
language : en
Publisher:
Release Date : 2010
United Nations Justice written by Calin Trenkov-Wermuth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
For the past decade the United Nations has attempted to administer justice in territories placed under its executive authority --an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the organization's approach detracted from it. Justice standards were sacrificed for the sake of prosecutions and the legal vacuum was not filled effectively. The desire to create functioning courts exceeded the UN's efforts to deal with detainees. Local ownership was erroneously regarded as a means to the end of achieving a sustainable legal system. And the UN's adoption of rights standards unsuited to the circumstances led it to break its own laws. As a result, instead of easing key tensions at the heart of governance operations, the UN's approach aggravated them. Dr. Calin Trenkov-Wermuth and his colleagues offer the first full account of the UN's administration of justice in governance operations. He also suggests methods to improve on its efforts. The book will be of interest to academics and practitioners in international law, political science, ethics and applied philosophy, and transitional justice.
Comparative Judicial Politics
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Author : Mary L. Volcansek
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-02-18
Comparative Judicial Politics written by Mary L. Volcansek and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-18 with Political Science categories.
Comparative Judicial Politics provides insights into and raises critical questions about how courts at all levels and in divergent settings around the world intersect with politics and charts the implications of what can occur when law, courts, and politics meet.