Judicial Independence In Transition

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Judicial Independence in Transition

Anja Seibert-Fohr
Judicial Independence in Transition Book PDF

Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
Page : 1367 pages
File Size : 47,7 Mb
Release : 2012-04-25
Category : Law
ISBN : 9783642282997

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Judicial Independence in Transition by Anja Seibert-Fohr Pdf

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.

The Independence of Judges

Nils Asbjørn Engstad,Astrid Lærdal Frøseth,Bård Tønder
The Independence of Judges Book PDF

Author : Nils Asbjørn Engstad,Astrid Lærdal Frøseth,Bård Tønder
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2014
Category : Judicial independence
ISBN : 9462361169

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The Independence of Judges by Nils Asbjørn Engstad,Astrid Lærdal Frøseth,Bård Tønder Pdf

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?

Perils of Judicial Self-Government in Transitional Societies

David Kosař
Perils of Judicial Self Government in Transitional Societies Book PDF

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 49,5 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

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.

Courts And Transition In Russia

Peter H., Jr. Solomon
Courts And Transition In Russia Book PDF

Author : Peter H., Jr. Solomon
Publisher : Routledge
Page : 240 pages
File Size : 41,8 Mb
Release : 2018-02-23
Category : Political Science
ISBN : 9780429980886

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Courts And Transition In Russia by Peter H., Jr. Solomon Pdf

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.

Judicial Systems in Transition Economies

James Horton Anderson,David S. Bernstein,Cheryl Williamson Gray
Judicial Systems in Transition Economies Book PDF

Author : James Horton Anderson,David S. Bernstein,Cheryl Williamson Gray
Publisher : World Bank Publications
Page : 144 pages
File Size : 48,9 Mb
Release : 2005
Category : Business & Economics
ISBN : 0821361899

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Judicial Systems in Transition Economies by James Horton Anderson,David S. Bernstein,Cheryl Williamson Gray Pdf

'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.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Routledge
Page : 128 pages
File Size : 44,8 Mb
Release : 2017-01
Category : Electronic
ISBN : 1138682934

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Judges and Democratization by B. C. Smith Pdf

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.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : CreateSpace
Page : 318 pages
File Size : 55,9 Mb
Release : 2015-02-03
Category : Social Science
ISBN : 1503100464

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Judges and Democratization by B. C. Smith Pdf

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.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Taylor & Francis
Page : 220 pages
File Size : 40,9 Mb
Release : 2017-02-24
Category : Political Science
ISBN : 9781134827848

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Judges and Democratization by B. C. Smith Pdf

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.

Challenged Justice: In Pursuit of Judicial Independence

Shimon Shetreet,Hiram Chodosh,Helland Eric
Challenged Justice In Pursuit of Judicial Independence Book PDF

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 48,6 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554

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Challenged Justice: In Pursuit of Judicial Independence by Shimon Shetreet,Hiram Chodosh,Helland Eric Pdf

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.

Courts And Transition In Russia

Peter H. Solomon,Todd S. Foglesong
Courts And Transition In Russia Book PDF

Author : Peter H. Solomon,Todd S. Foglesong
Publisher : Westview Press
Page : 250 pages
File Size : 43,9 Mb
Release : 2000-08-21
Category : History
ISBN : UOM:39015053536689

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Courts And Transition In Russia by Peter H. Solomon,Todd S. Foglesong Pdf

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.

Transition To Democracy In Latin America

Irwin P Stotzky
Transition To Democracy In Latin America Book PDF

Author : Irwin P Stotzky
Publisher : Routledge
Page : 347 pages
File Size : 51,7 Mb
Release : 2019-06-04
Category : Political Science
ISBN : 9781000009880

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Transition To Democracy In Latin America by Irwin P Stotzky Pdf

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

Judicial Independence at the Crossroads

Stephen B Burbank,Barry Friedman
Judicial Independence at the Crossroads Book PDF

Author : Stephen B Burbank,Barry Friedman
Publisher : SAGE
Page : 308 pages
File Size : 51,6 Mb
Release : 2002-04-02
Category : Law
ISBN : 0761926577

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Judicial Independence at the Crossroads by Stephen B Burbank,Barry Friedman Pdf

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.

The Unfinished Transition to Democracy in Latin America

Juan Carlos Calleros-Alarcón
The Unfinished Transition to Democracy in Latin America Book PDF

Author : Juan Carlos Calleros-Alarcón
Publisher : Routledge
Page : 260 pages
File Size : 54,8 Mb
Release : 2008-11-20
Category : Political Science
ISBN : 9781135907211

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The Unfinished Transition to Democracy in Latin America by Juan Carlos Calleros-Alarcón Pdf

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.

Judicial Independence in China

Randall Peerenboom
Judicial Independence in China Book PDF

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 440 pages
File Size : 53,8 Mb
Release : 2009-11-23
Category : Law
ISBN : 9781107375581

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Judicial Independence in China by Randall Peerenboom Pdf

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.

Judicial Politics in Mexico

Andrea Castagnola,Saul Lopez Noriega
Judicial Politics in Mexico Book PDF

Author : Andrea Castagnola,Saul Lopez Noriega
Publisher : Routledge
Page : 190 pages
File Size : 55,5 Mb
Release : 2016-11-03
Category : Political Science
ISBN : 9781315520599

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Judicial Politics in Mexico by Andrea Castagnola,Saul Lopez Noriega Pdf

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.