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Judges Beyond Politics In Democracy And Dictatorship
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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.
Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Book Synopsis Judicial Power and Strategic Communication in Mexico by : Jeffrey K. Staton
Download or read book Judicial Power and Strategic Communication in Mexico written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2010-03-22 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg
Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Book Synopsis Measuring Democracy by : Gerardo L. Munck
Download or read book Measuring Democracy written by Gerardo L. Munck and published by JHU Press. This book was released on 2009-04-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although democracy is a widely held value, concrete measurement of it is elusive. Gerardo L. Munck’s constructive assessment of the methods used to measure democracies promises to bring order to the debate in academia and in practice. Drawing on his years of academic research on democracy and measurement and his practical experience evaluating democratic practices for the United Nations and the Organization of American States, Munck's discussion bridges the theories of academia with practical applications. In proposing a more open and collaborative relationship between theory and action, he makes the case for reassessing how democracy is measured and encourages fundamental changes in methodology. Munck’s field-tested framework for quantifying and qualifying democracy is built around two instruments he developed: the UN Development Programme’s Electoral Democracy Index and a case-by-case election monitoring tool used by the OAS. Measuring Democracy offers specific, real-world lessons that scholars and practitioners can use to improve the quality and utility of data about democracy.
Download or read book The Uncounted written by Sara L.M. Davis and published by Cambridge University Press. This book was released on 2020-06-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: It humanizes high-level debates over indicators and data in development aid, showing how they are used to make life-or-death decisions.
Book Synopsis The Oxford Handbook of Public Choice by : Roger D. Congleton
Download or read book The Oxford Handbook of Public Choice written by Roger D. Congleton and published by . This book was released on 2019 with total page 1017 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Public Choice provides a comprehensive overview of the research in economics, political science, law, and sociology that has generated considerable insight into the politics of democratic and authoritarian systems as well as the influence of different institutional frameworks on incentives and outcomes. The result is an improved understanding of public policy, public finance, industrial organization, and macroeconomics as the combination of political and economic analysis shed light on how various interests compete both within a given rules of the games and, at times, to change the rules. These volumes include analytical surveys, syntheses, and general overviews of the many subfields of public choice focusing on interesting, important, and at times contentious issues. Throughout the focus is on enhancing understanding how political and economic systems act and interact, and how they might be improved. Both volumes combine methodological analysis with substantive overviews of key topics. This second volume examines constitutional political economy and also various applications, including public policy, international relations, and the study of history, as well as methodological and measurement issues. Throughout both volumes important analytical concepts and tools are discussed, including their application to substantive topics. Readers will gain increased understanding of rational choice and its implications for collective action; various explanations of voting, including economic and expressive; the role of taxation and finance in government dynamics; how trust and persuasion influence political outcomes; and how revolution, coups, and authoritarianism can be explained by the same set of analytical tools as enhance understanding of the various forms of democracy.
