The Political Foundations of Judicial Independence in Dictatorship and Democracy

The Political Foundations of Judicial Independence in Dictatorship and Democracy
Author: Brad Epperly
Publisher: Oxford University Press
Total Pages: 224
Release: 2019-09-26
Genre: Political Science
ISBN: 0192583654

This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full "insurance" account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 "constitutional coup," and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.

Can Courts be Bulwarks of Democracy?

Can Courts be Bulwarks of Democracy?
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
Total Pages: 173
Release: 2022-03-31
Genre: Law
ISBN: 1316516733

This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Courts in Latin America

Courts in Latin America
Author: Gretchen Helmke
Publisher: Cambridge University Press
Total Pages: 353
Release: 2011-01-17
Genre: Political Science
ISBN: 1139497162

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

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.

The Oxford Handbook of Comparative Politics

The Oxford Handbook of Comparative Politics
Author: Carles Boix
Publisher: Oxford Handbooks Online
Total Pages: 1035
Release: 2007
Genre: Political Science
ISBN: 0199278482

The Oxford Handbooks of Political Science is a ten-volume set of reference books offering authoritative and engaging critical overviews of the state of political science. Each volume focuses on a particular part of the discipline, with volumes on Public Policy, Political Theory, Political Economy, Contextual Political Analysis, Comparative Politics, International Relations, Law and Politics, Political Behavior, Political Institutions, and Political Methodology. The project as a whole is under the General Editorship of Robert E. Goodin, with each volume being edited by a distinguished international group of specialists in their respective fields. The books set out not just to report on the discipline, but to shape it. The series will be an indispensable point of reference for anyone working in political science and adjacent disciplines. The Oxford Handbook of Comparative Politics offers a critical survey of the field of empirical political science through the collection of a set of chapters written by forty-seven top scholars in the discipline of comparative politics. Part I includes chapters surveying the key research methodologies employed in comparative politics (the comparative method; the use of history; the practice and status of case-study research; the contributions of field research) and assessing the possibility of constructing a science of comparative politics. Parts II to IV examine the foundations of political order: the origins of states and the extent to which they relate to war and to economic development; the sources of compliance or political obligation among citizens; democratic transitions, the role of civic culture; authoritarianism; revolutions; civil wars and contentious politics. Parts V and VI explore the mobilization, representation and coordination of political demands. Part V considers why parties emerge, the forms they take and the ways in which voters choose parties. It then includes chapters on collective action, social movements and political participation. Part VI opens up with essays on the mechanisms through which political demands are aggregated and coordinated. This sets the agenda to the systematic exploration of the workings and effects of particular institutions: electoral systems, federalism, legislative-executive relationships, the judiciary and bureaucracy. Finally, Part VII is organized around the burgeoning literature on macropolitical economy of the last two decades.

Freedom in the World 2018

Freedom in the World 2018
Author: Freedom House
Publisher: Rowman & Littlefield
Total Pages: 1265
Release: 2019-01-31
Genre: Political Science
ISBN: 1538112035

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 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. 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.

The Oxford Handbook of Political Institutions

The Oxford Handbook of Political Institutions
Author: R. A. W. Rhodes
Publisher: OUP Oxford
Total Pages: 836
Release: 2008-06-12
Genre: Political Science
ISBN: 019103696X

The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.

Militant Democracy and Its Critics

Militant Democracy and Its Critics
Author: Anthoula Malkopoulou
Publisher: Edinburgh University Press
Total Pages: 296
Release: 2019-05-14
Genre: Law
ISBN: 1474445624

Can defensive efforts that curtail rights of participation of antidemocratic movements be consistent with democratic values? In this collection of essays, scholars from across politics, philosophy and law address the unresolved practical and theoretical questions concerning democracy and extremism.

Social and Political Foundations of Constitutions

Social and Political Foundations of Constitutions
Author: Denis J. Galligan
Publisher: Cambridge University Press
Total Pages: 693
Release: 2013-10-14
Genre: Law
ISBN: 1107434572

This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

Rule By Law

Rule By Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 392
Release: 2008-05-08
Genre: Law
ISBN: 9780521720410

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.