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Judicial Reforms In Transition Legacy Of The Past And Judicial Institutionalization In Post Communist Countries
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Book Synopsis Judicial Reforms in Transition: Legacy of the Past and Judicial Institutionalization in Post-communist Countries by :
Download or read book Judicial Reforms in Transition: Legacy of the Past and Judicial Institutionalization in Post-communist Countries written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The breakdown of authoritarian regimes in Eastern Europe and the incremental democratisation of such regimes is surely one of the most crucial events in the last two decades. In these contexts, the functioning of justice systems has become, more and more, one of the key aspects of the transition process. In this context, the article analyses the process of judicial reform in Slovenia, Croatia and Serbia. The article aims to explore how theoretical approaches developed by comparative judicial studies scholars fare against the evidence from the democratising process of the judiciary in such countries. Then, particular attention will be focused upon the level of institutionalization of the judicial systems, trying to explain why judicial systems in these countries continue to be poorly institutionalized.
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 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 188 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 Regulating Judges by : Richard Devlin
Download or read book Regulating Judges written by Richard Devlin and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
Book Synopsis East European Faces of Law and Society: Values and Practices by : William B. Simons
Download or read book East European Faces of Law and Society: Values and Practices written by William B. Simons and published by Martinus Nijhoff Publishers. This book was released on 2014-10-09 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.
Book Synopsis United Nations Justice by : Calin Trenkov-Wermuth
Download or read book United Nations Justice written by Calin Trenkov-Wermuth and published by UN. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of 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 UN's approach detracted from it, as it confused ends with means."--Publisher's description.
Book Synopsis European Union: Issues of Serbia, Kosovo and Bosnia and Herzegovina. Objectives of Entering the European Union, Current Possibilities and Perspectives by : Eldina Pleho
Download or read book European Union: Issues of Serbia, Kosovo and Bosnia and Herzegovina. Objectives of Entering the European Union, Current Possibilities and Perspectives written by Eldina Pleho and published by Infinito Edizioni. This book was released on 2015-10-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western Balkans, and specifically Serbia, Bosnia and Herzegovina and Kosovo, are lagging significantly on the path to EU integration. Even twenty years after the conflict, these countries are burdened by ethnic and post conflict issues which hinder their progress on the path to EU integration. There is no alternative to this path, and it is one of the primary generators of reforms in the region. The most important parts of the reform which must be implemented are the fight against corruption and the judicial reform which will ensure the rule of law. Political influences and pressures on the judiciary are still widespread in this region, while politics and political parties are sources and generators of inequality that in turn breeds corruption in the society. The inclusion of the citizens in government decisions and government transparency are an exception rather than a rule. The reform processes are unfolding as a result of the engagement of the international community in the region, or as a result of an ultimatum by EU institutions and they are rarely a product of actions and will for democratic changes on part of the officials.
Book Synopsis World Development Report 2017 by : World Bank Group
Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Book Synopsis Communism's Shadow by : Grigore Pop-Eleches
Download or read book Communism's Shadow written by Grigore Pop-Eleches and published by Princeton University Press. This book was released on 2017-05-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been assumed that the historical legacy of Soviet Communism would have an important effect on post-communist states. However, prior research has focused primarily on the institutional legacy of communism. Communism's Shadow instead turns the focus to the individuals who inhabit post-communist countries, presenting a rigorous assessment of the legacy of communism on political attitudes. Post-communist citizens hold political, economic, and social opinions that consistently differ from individuals in other countries. Grigore Pop-Eleches and Joshua Tucker introduce two distinct frameworks to explain these differences, the first of which focuses on the effects of living in a post-communist country, and the second on living through communism. Drawing on large-scale research encompassing post-communist states and other countries around the globe, the authors demonstrate that living through communism has a clear, consistent influence on why citizens in post-communist countries are, on average, less supportive of democracy and markets and more supportive of state-provided social welfare. The longer citizens have lived through communism, especially as adults, the greater their support for beliefs associated with communist ideology—the one exception being opinions regarding gender equality. A thorough and nuanced examination of communist legacies' lasting influence on public opinion, Communism's Shadow highlights the ways in which political beliefs can outlast institutional regimes.
Book Synopsis Democratisation in the European Neighbourhood by : Michael Emerson
Download or read book Democratisation in the European Neighbourhood written by Michael Emerson and published by CEPS. This book was released on 2005 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.
Book Synopsis Rule of Law Reform and Development by : M. J. Trebilcock
Download or read book Rule of Law Reform and Development written by M. J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza
Book Synopsis Problems of Democratic Transition and Consolidation by : Juan J. Linz
Download or read book Problems of Democratic Transition and Consolidation written by Juan J. Linz and published by JHU Press. This book was released on 1996-08-16 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Actors and contexts
Book Synopsis Post-Communist Democratization by : John S. Dryzek
Download or read book Post-Communist Democratization written by John S. Dryzek and published by Cambridge University Press. This book was released on 2002-06-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way democracy is thought about and lived by people in the post-communist world.
Book Synopsis Justice as Prevention by : Pablo De Greiff
Download or read book Justice as Prevention written by Pablo De Greiff and published by SSRC. This book was released on 2007 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.
Book Synopsis State-building in Russia by : Gordon B. Smith
Download or read book State-building in Russia written by Gordon B. Smith and published by M.E. Sharpe. This book was released on 1999 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenge of a new democracy, the author argues, is the creation of effective and authoritative political institutions. Focusing on Yeltsin's Russia, this book examines this question with reference to democratization, national identity, legal reform and other issues.
Download or read book Anticorruption in Transition written by and published by World Bank Publications. This book was released on 2000-01-01 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing recognition across the world of the damaging effects of corruption on economic growth and social stability. This report seeks to unpack the varied practices of corruption to identify and compare different patterns of the transition countries of Central and Eastern Europe, the Baltic states, and the Commonwealth of Independent States. It then draws out lessons for tailoring anticorruption strategies to address the variation across the region in an effort to target reforms more effectively. The report draws on many sources of ongoing research and lessons of experience, including the World Bank's work in this area. It is intended as a contribution to the growing policy dialogue on developing practical strategies for reducing corruption.
Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
