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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 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 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 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 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 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 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 Armenia’s Velvet Revolution by : Anna Ohanyan
Download or read book Armenia’s Velvet Revolution written by Anna Ohanyan and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April 2018, Armenia experienced a remarkable popular uprising leading to the resignation of Prime Minister Serzh Sargsyan and his replacement by protest leader Nikol Pashinyan. Evoking Czechoslovakia's similarly peaceful overthrow of communism 30 years previously, the uprising came to be known as Armenia's 'Velvet Revolution': a broad-based movement calling for clean government, democracy and economic reform. This volume examines how a popular protest movement, showcasing civil disobedience as a mass strategy for the first time in the post-Soviet space, overcame these unpromising circumstances. Situating the events in Armenia in their national, regional and global contexts, different contributions evaluate the causes driving Armenia's unexpected democratic turn, the reasons for regime vulnerability and the factors mediating a non-violent outcome. Drawing on comparative perspectives with democratic transitions across the world, this book will be essential reading for those interested in the regime dynamics, social movements and contested politics of contemporary Eurasia, as well as policy-makers and practitioners in the fields of democracy assistance and human rights in an increasingly multipolar world.
Book Synopsis Historical Legacies of Communism in Russia and Eastern Europe by : Mark Beissinger
Download or read book Historical Legacies of Communism in Russia and Eastern Europe written by Mark Beissinger and published by Cambridge University Press. This book was released on 2014-07-07 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes stock of arguments about the historical legacies of communism that have become common within the study of Russia and East Europe more than two decades after communism's demise and elaborates an empirical approach to the study of historical legacies revolving around relationships and mechanisms rather than correlation and outward similarities. Eleven essays by a distinguished group of scholars assess whether post-communist developments in specific areas continue to be shaped by the experience of communism or, alternatively, by fundamental divergences produced before or after communism. Chapters deal with the variable impact of the communist experience on post-communist societies in such areas as regime trajectories and democratic political values; patterns of regional and sectoral economic development; property ownership within the energy sector; the functioning of the executive branch of government, the police, and courts; the relationship of religion to the state; government language policies; and informal relationships and practices.
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 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.
Author :Beverly Crawford Publisher :International and Area Studies University of California B El ISBN 13 : Total Pages :274 pages Book Rating :4.F/5 ( download)
Book Synopsis Liberalization and Leninist Legacies by : Beverly Crawford
Download or read book Liberalization and Leninist Legacies written by Beverly Crawford and published by International and Area Studies University of California B El. This book was released on 1997 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 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 Freedom in the World 2006 by : Freedom House
Download or read book Freedom in the World 2006 written by Freedom House and published by Rowman & Littlefield. This book was released on 2006 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.