Politicized Justice In Emerging Democracies
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Author | : Maria Popova |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-31 |
Genre | : Law |
ISBN | : 1107379059 |
Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
Author | : Maria Popova |
Publisher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2012-01-31 |
Genre | : Law |
ISBN | : 1107014891 |
This book proposes a strategic pressure theory that argues that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians.
Author | : Maria Popova |
Publisher | : |
Total Pages | : 212 |
Release | : 2014-05-14 |
Genre | : LAW |
ISBN | : 9781139233781 |
Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
Author | : Maria Popova |
Publisher | : |
Total Pages | : 197 |
Release | : 2012 |
Genre | : Judicial independence |
ISBN | : 9781139230797 |
"Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004 in two politically salient types of cases--electoral registration disputes and defamation lawsuits against media outlets--as well as data from interviews with judges, lawyers, litigants, and judicial administrators. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings"--Provided by publisher.
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.
Author | : William Godwin |
Publisher | : |
Total Pages | : 526 |
Release | : 1798 |
Genre | : Political ethics |
ISBN | : |
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 189 |
Release | : 2019-10-16 |
Genre | : Law |
ISBN | : 1000707970 |
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
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.
Author | : Matthew Ingram |
Publisher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2016 |
Genre | : Law |
ISBN | : 1107117321 |
This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.
Author | : Andrea Castagnola |
Publisher | : Routledge |
Total Pages | : 164 |
Release | : 2017-10-31 |
Genre | : Political Science |
ISBN | : 1351986074 |
When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing democracies the political benefits of manipulating the court outweigh the costs associated with doing so. The instability of the political context and its institutions causes politicians to focus primarily on short-term goals and to care mostly about winning elections. Consequently, judiciaries become a valuable tool for politicians to have under their control. Contrary to the predictions of strategic retirement theory, Castagnola demonstrates that there are various institutional and non-institutional mechanisms for induced retirement which politicians have used against justices, regardless of the amount of support their party has in Congress. The theoretical innovations contained herein shed much needed light on the existing literature on judicial politics and democratization. Even though the political manipulation of courts is a worldwide phenomenon, previous studies have shown that Argentina is the theory-generating case for studying manipulation of high courts.