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Pathways To Judicial Power In Transitional States

Author: Rachel Ellett
Publisher: Routledge
ISBN: 1135966052
Size: 49.79 MB
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This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.

International Courts And The African Woman Judge

Author: Josephine Jarpa Dawuni
Publisher: Routledge
ISBN: 1315444429
Size: 13.66 MB
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A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Judges And Democratization

Author: B. C. Smith
Publisher: Routledge
ISBN: 1134827911
Size: 40.74 MB
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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.

Routledge Handbook Of Judicial Behavior

Author: Robert M. Howard
Publisher: Routledge
ISBN: 1317430379
Size: 22.13 MB
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Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

Courts And Power In Latin America And Africa

Author: B. Wilson
Publisher: Springer
ISBN: 113710029X
Size: 14.94 MB
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Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.

Perils Of Judicial Self Government In Transitional Societies

Author: David Kosař
Publisher: Cambridge University Press
ISBN: 1316531295
Size: 42.20 MB
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Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.

Constitutions And Conflict Management In Africa

Author: Alan J. Kuperman
Publisher: University of Pennsylvania Press
ISBN: 0812246586
Size: 26.67 MB
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Each of Africa's countries has a different constitutional design, is characterized by a unique culture and history, and faces different stresses that threaten to undermine political stability. Presenting the first database of constitutional design in all African countries, along with seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence. With detailed comparative studies of Burundi, Ghana, Kenya, Nigeria, Senegal, Sudan, and Zimbabwe, contributing scholars identify key turning points at which a state's political institutions either mitigated or escalated the effects of economic, environmental, demographic, and political shocks. They find that stability can be promoted by various constitutional designs—not only by accommodative institutions that encourage decentralization and multiculturalism, but also by the integrative, centralized designs that characterize the constitutions of most African countries. The greatest danger may arise from partial or inequitable accommodation that can exacerbate societal tensions, culminating in violence up to and including civil war and genocide. Accordingly, Constitutions and Conflict Management in Africa cautions against the typical international prescription for radical reform to replace Africa's existing constitutions with accommodative designs, instead prescribing more gradual constitutional reform to strengthen liberal institutions, such as strong judiciaries and independent electoral commissions. This detailed and methodical volume provides vital lessons for fostering democracy and reducing civil conflict via constitutional reform in Africa and beyond. Contributors: Justin Orlando Frosini, Gilbert M. Khadiagala, Alan J. Kuperman, Karly Kupferberg, Eli Poupko, Eghosa E. Osaghae, Andrew Reynolds, Filip Reyntjens, Arame Tall, Hillary Thomas-Lake, Stefan Wolff, I. William Zartman.

Building The Rule Of Law

Author: Jennifer A. Widner
Publisher: W. W. Norton
ISBN: 9780393976892
Size: 21.73 MB
Format: PDF
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A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.

The Culture Of Judicial Independence

Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257810
Size: 76.79 MB
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This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.

Towards Juristocracy

Author: Ran Hirschl
Publisher: Harvard University Press
ISBN: 9780674038677
Size: 10.11 MB
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In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.