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Judicial Independence In Transition
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Book Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr
Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Book Synopsis The Independence of Judges by : Nils Asbjørn Engstad
Download or read book The Independence of Judges written by Nils Asbjørn Engstad and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent judiciary is crucial for upholding the rule of law and for the protection of human rights in a democratic society. The Independence of Judges is an anthology, illustrating that there is still a need for further exploration and reflection on various aspects of the principle of judicial independence. The book presents 22 articles, written from different perspectives and analyses by judges, lawyers, public prosecutors, and scientists in the areas of law, social sciences, and media science. The book's contributions provide an overview of historical developments, as well as issues of current interest in developed countries and in countries in transition, regarding the independent judge. It promotes reflection and debate on universal issues related to the independence of judges. The Independence of Judges will be of interest for anyone concerned with democracy and democracy-building by upholding the rule of law. *** "The Norwegian Association of Judges published a book on judicial independence to celebrate its 100th anniversary in 2012. With adaptations for an international audience, the book, originally issued in Norwegian, has been issued in English, containing 22 essarys on various aspects of judicial independence. The book closes with an interesting essay of judges with the media. For those interested in cross-national perspectives on judicial independence, the book would be of interest." - Court Review, the journal of the American Judges Association, Fall 2014 [Subject: Constitutional Law, Judicial Procedure, Socio-Legal Studies, Human Rights Law, Politics]Ã?Â?
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 Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet
Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Book Synopsis Courts And Transition In Russia by : Peter H., Jr. Solomon
Download or read book Courts And Transition In Russia written by Peter H., Jr. Solomon and published by Routledge. This book was released on 2018-02-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Book Synopsis Judicial Systems in Transition Economies by : James Horton Anderson
Download or read book Judicial Systems in Transition Economies written by James Horton Anderson and published by World Bank Publications. This book was released on 2005 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.
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 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.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by CreateSpace. This book was released on 2015-02-03 with total page 318 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. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how 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.
Book Synopsis Judicial Independence at the Crossroads by : Stephen B Burbank
Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE. This book was released on 2002-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola
Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transition To Democracy In Latin America by : Irwin P Stotzky
Download or read book Transition To Democracy In Latin America written by Irwin P Stotzky and published by Routledge. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
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 2017-02-24 with total page 340 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.
Book Synopsis Courts And Transition In Russia by : Peter H. Solomon
Download or read book Courts And Transition In Russia written by Peter H. Solomon and published by Westview Press. This book was released on 2000-08-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors analyse the state and operation of courts in Russia and the progress of their reform since the end of Soviet power before outlining what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair.
Download or read book Without Fear or Favor written by G. Tarr and published by Stanford University Press. This book was released on 2012-09-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.
Book Synopsis The Unfinished Transition to Democracy in Latin America by : Juan Carlos Calleros-Alarcón
Download or read book The Unfinished Transition to Democracy in Latin America written by Juan Carlos Calleros-Alarcón and published by Routledge. This book was released on 2008-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political evolution of the judiciary – a usually overlooked political actor – and its capacity to contribute to the process of democratic consolidation in Latin America during the 1990s. Calleros analyzes twelve countries in order to assess the independence, impartiality, political strength and efficiency of the judicial branch. The picture that emerges – with the one exception of Costa Rica – is the persistence of weak judicial systems, unable in practice to check other branches of government, including the executive and the military, while not quite effective in fully protecting human rights or in implementing due process of law guarantees. Aggravating issues, such as corruption, heavy case backlogs, overcrowding of prisons, circumvention of laws and personal vulnerability of judges, make the judiciary the least evolved of the three branches of government in the Latin American transitions to democracy.
Book Synopsis Judicial Independence and Human Rights in Latin America by : E. Skaar
Download or read book Judicial Independence and Human Rights in Latin America written by E. Skaar and published by Springer. This book was released on 2011-02-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis, focusing on Argentina, Chile, and Uruguay, explores the complex relationship between executive politics and judicial action, showing that judicial independence is a crucial factor in prosecution. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.
