Judicial Independence in Transitional Democracies (eBook, ePUB)

Redaktion: Reayat, Nauman; Cho, Moohyung; Smith, Rhona K. M.

• Format: ePub

Produktbeschreibung

This book presents interdisciplinary and comparative analyses of judicial independence in transitional democracies across Asia, Latin America, Eastern Europe, the Middle East, and Africa. Although judicial empowerment and independence in transitional democracies have gained both academic and real-world prominence in recent decades, an ongoing debate persists regarding the nature, scope, and determinants of judicial independence in transitional settings. Some transitional democracies successfully develop democracy and the rule of law with the sustained growth of judicial independence, whereas others grapple with substantial challenges and move more towards authoritarianism. This book examines factors that drive de jure and de facto judicial independence in transitional democracies and evaluates their relationship. In doing so, it identifies challenges and opportunities associated with developing judicial independence in transitional democracies. At the intersection of political science and law, the work will be a valuable resource for academics, researchers, and policymakers in constitutional law, constitutional politics, and human rights law.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Erscheinungstermin: 31. Dezember 2024
• Englisch
• ISBN-13: 9781040276938
• Artikelnr.: 72535293

Autorenporträt

Nauman Reayat is Lecturer in Law at the School of Law, University of Leicester, United Kingdom. Previously, he was a postdoctoral fellow of the Economic Social Research Council at the School of Law and Politics, Cardiff University, United Kingdom. His research interests include comparative judicial politics, judicial independence, and the rule of law in authoritarian states and developing democracies. Rhona K.M. Smith is Professor of International Human Rights at Newcastle University, United Kingdom. From 2015-2021, she served the United Nations (UN) Human Rights Council as UN Special Rapporteur on the situation of human rights in Cambodia. Moohyung Cho is Assistant Professor in the Department of Political Science and International Relations at Ewha Womans University, South Korea. His research interests include comparative judicial politics, specifically judicial independence and the rule of law in authoritarian regimes and developing democracies.

Inhaltsangabe

Introduction; Part I. De Facto Judicial Independence; 1. Judicial
Independence in Hybrid Regimes: A Comparison between Bangladesh and
Pakistan; 2. Party System Institutionalization, Political Competition and
Judicial Independence in Transitional Democracies: Evidence from South
Korea and the Philippines; 3. Undermining Judicial Independence: Chief
Justices and Political Alignment in Mexico's Judicial Politics; 4. The
Weakening Judicial Independence through the Transition from the
Judicialization of Politics to the Politicisation of Judiciary: Turkish
Case; 5. Independence and Autonomy - Means towards Ends: How Misconceived
Independence Created an Isolated Judiciary in Slovakia; 6. Strengthening
De Facto Judicial Independence in Cambodia: Articulating a Human
Rights-based Approach; Part II. Theoretical and Conceptual Discussion; 7.
Judicial Independence and the Rule of Law in Developing Democracies; 8. The
Role of the Separation of Powers in Preventing Arbitrariness; Part III. De
Jure Judicial Independence; 9. The Judiciaries in Africa at Crossroads: Can
they Counter the Wave of Authoritarian Resurgence?; 10. Judicial
Independence in the Asia Pacific Region from the Perspective of Comparative
Judicial Politics; 11. Judicial Independence in Iraq: Jurisdictional
Conflicts between the Higher Judicial Council and the Federal Supreme
Court; 12. Judicial Independence in Chile, 1973-2023; 13. Constitutional
Design as an Enabler of Peace: Colombia and its Constitutional Reform of
1991; Conclusion: Challenges, Opportunities, and Recommendations for
Judicial Independence in Transitional Democracies