Manipulating Courts in New Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Manipulating Courts in New Democracies write by Andrea Castagnola. This book was released on 2017-10-31. Manipulating Courts in New Democracies available in PDF, EPUB and Kindle. 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.
Judicial Review in New Democracies
Judicial Review in New Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Review in New Democracies write by Tom Ginsburg. This book was released on 2003-07-23. Judicial Review in New Democracies available in PDF, EPUB and Kindle. New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Democratization and the Judiciary
Democratization and the Judiciary - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democratization and the Judiciary write by S. (Siri); Gargarella Gloppen (R. (Roberto); Skaar, E. (Elin)). This book was released on 2004. Democratization and the Judiciary available in PDF, EPUB and Kindle.
Transitional Justice and the Rule of Law in New Democracies
Transitional Justice and the Rule of Law in New Democracies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Transitional Justice and the Rule of Law in New Democracies write by A. James McAdams. This book was released on 1997. Transitional Justice and the Rule of Law in New Democracies available in PDF, EPUB and Kindle. This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
Courts and Democracies in Asia
Courts and Democracies in Asia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Courts and Democracies in Asia write by Po Jen Yap. This book was released on 2017-09-28. Courts and Democracies in Asia available in PDF, EPUB and Kindle. This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
