Judges Beyond Politics In Democracy And Dictatorship

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Judges beyond Politics in Democracy and Dictatorship

Author : Lisa Hilbink
Publisher : Cambridge University Press
ISBN 13 : 113946681X
Total Pages : 13 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Judges beyond Politics in Democracy and Dictatorship by : Lisa Hilbink

Download or read book Judges beyond Politics in Democracy and Dictatorship written by Lisa Hilbink and published by Cambridge University Press. This book was released on 2007-07-23 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge Studies in Law and Society.

Author : Lisa Hilbink
Publisher :
ISBN 13 : 9780511296772
Total Pages : 317 pages
Book Rating : 4.2/5 (967 download)

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Book Synopsis Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge Studies in Law and Society. by : Lisa Hilbink

Download or read book Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile. Cambridge Studies in Law and Society. written by Lisa Hilbink and published by . This book was released on 2014-05-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did formally independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the common assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to takes stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

Judges Beyond Politics in Democracy and Dictatorship. Lessons from Chile, por Lisa Hilbink, Nueva York, Cambrigde University Press, 2007, 304 pp

Download Judges Beyond Politics in Democracy and Dictatorship. Lessons from Chile, por Lisa Hilbink, Nueva York, Cambrigde University Press, 2007, 304 pp PDF Online Free

Author : Ana Belén Benito Sánchez
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)

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Book Synopsis Judges Beyond Politics in Democracy and Dictatorship. Lessons from Chile, por Lisa Hilbink, Nueva York, Cambrigde University Press, 2007, 304 pp by : Ana Belén Benito Sánchez

Download or read book Judges Beyond Politics in Democracy and Dictatorship. Lessons from Chile, por Lisa Hilbink, Nueva York, Cambrigde University Press, 2007, 304 pp written by Ana Belén Benito Sánchez and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Courts and New Democracies

Author : Tom Ginsburg
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.:/5 (833 download)

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Book Synopsis Courts and New Democracies by : Tom Ginsburg

Download or read book Courts and New Democracies written by Tom Ginsburg and published by . This book was released on 2012 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization, and more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this essay reviews six relatively recent books: Courts in Latin America, edited by Helmke and Rios-Figueroa (2011); Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Hilbink (2007); Cultures of Legality: Judicialization and Political Activism in Latin America, edited by Couso, Huneeus and Sieder (2011); The Legacies of Law: Long-Run Consequences of Legal Development in South Africa, 1652-2000, by Meierhenrich (2008); Judging Russia: Constitutional Court in Russian Politics 1990-2006, by Trochev (2008); and New Courts in Asia, edited by Harding and Nicholson (2010).

The Judge in a Democracy

Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Judge in a Democracy by : Aharon Barak

Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Judicial Dictatorship

Author : William J. Quirk
Publisher : Routledge
ISBN 13 : 1351510428
Total Pages : 203 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Judicial Dictatorship by : William J. Quirk

Download or read book Judicial Dictatorship written by William J. Quirk and published by Routledge. This book was released on 2017-07-05 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. 'Judicial Dictatorship' challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence an

Judicial Independence in the Age of Democracy

Author : Peter H. Russell
Publisher : University of Virginia Press
ISBN 13 : 9780813920153
Total Pages : 342 pages
Book Rating : 4.9/5 (21 download)

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Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell

Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

The Specter of Dictatorship

Author : David M. Driesen
Publisher : Stanford University Press
ISBN 13 : 1503628620
Total Pages : 323 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Specter of Dictatorship by : David M. Driesen

Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

Judicial Independence in China

Author : Randall Peerenboom
Publisher : Cambridge University Press
ISBN 13 : 1107375584
Total Pages : 440 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Judicial Independence in China by : Randall Peerenboom

Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

The Rule of Law in Nascent Democracies

Author : Rebecca Bill Chavez
Publisher : Stanford University Press
ISBN 13 : 9780804748124
Total Pages : 284 pages
Book Rating : 4.7/5 (481 download)

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Book Synopsis The Rule of Law in Nascent Democracies by : Rebecca Bill Chavez

Download or read book The Rule of Law in Nascent Democracies written by Rebecca Bill Chavez and published by Stanford University Press. This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

Authoritarianism and the Elite Origins of Democracy

Author : Michael Albertus
Publisher : Cambridge University Press
ISBN 13 : 110819642X
Total Pages : 326 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Authoritarianism and the Elite Origins of Democracy by : Michael Albertus

Download or read book Authoritarianism and the Elite Origins of Democracy written by Michael Albertus and published by Cambridge University Press. This book was released on 2018-01-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.

Judicial Dictatorship

Author : William Quirk
Publisher : Transaction Pub
ISBN 13 : 9781560009269
Total Pages : 143 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Judicial Dictatorship by : William Quirk

Download or read book Judicial Dictatorship written by William Quirk and published by Transaction Pub. This book was released on 1995-01-01 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. Judicial Dictatorship challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared “the amazing violence and turbulence of the democratic spirit.” This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. Judicial Dictatorship discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, Judicial Dictatorship will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.

Can Courts be Bulwarks of Democracy?

Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton

Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Courts Under Constraints

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1107405203
Total Pages : 243 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Courts Under Constraints by : Gretchen Helmke

Download or read book Courts Under Constraints written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2012-07-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.

Judges and Democratization

Author : B. C. Smith
Publisher : Routledge
ISBN 13 : 9781138682931
Total Pages : pages
Book Rating : 4.6/5 (829 download)

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Book Synopsis Judges and Democratization by : B. C. Smith

Download or read book Judges and Democratization written by B. C. Smith and published by Routledge. This book was released on 2017-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Pinochet Effect

Author : Naomi Roht-Arriaza
Publisher : University of Pennsylvania Press
ISBN 13 : 0812203070
Total Pages : 271 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Pinochet Effect by : Naomi Roht-Arriaza

Download or read book The Pinochet Effect written by Naomi Roht-Arriaza and published by University of Pennsylvania Press. This book was released on 2010-11-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Courts in Latin America

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.