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New Arrival Judicial Independence in Transitional Democracies

Judicial Independence in Transitional Democracies

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032599830
  • 出版时间 December 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: JP¥35,250.00

JP¥34,192.50 Save JP¥1,057.50 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • Introduction
    Moohyung Cho, Nauman Reayat, Rhona K.M. Smith

    Part I. De Facto Judicial Independence
    1. Judicial Independence in Hybrid Regimes: A Comparison between Bangladesh and Pakistan
    Nauman Reayat
    2. Party System Institutionalization, Political Competition and Judicial Independence in Transitional Democracies: Evidence from South Korea and the Philippines
    Moohyung Cho
    3. Undermining Judicial Independence: Chief Justices and Political Alignment in Mexico's Judicial Politics
    Mauro Arturo Rivera León
    4. The Weakening Judicial Independence through the Transition from the Judicialization of Politics to the Politicisation of Judiciary: Turkish Case
    Nurullah Gorgen
    5. Independence and Autonomy – Means towards Ends: How Misconceived Independence Created an Isolated Judiciary in Slovakia
    Peter Čuroš
    6. Strengthening De Facto Judicial Independence in Cambodia: Articulating a Human Rights-based Approach
    Rhona K.M. Smith

    Part II. Theoretical and Conceptual Discussion
    7. Judicial Independence and the Rule of Law in Developing Democracies
    Venkat Iyer
    8. The Role of the Separation of Powers in Preventing Arbitrariness
    Sonia Cruz Dávila

    Part III. De Jure Judicial Independence
    9. The Judiciaries in Africa at Crossroads: Can they Counter the Wave of Authoritarian Resurgence?
    Charles Fombad
    10. Judicial Independence in the Asia Pacific Region from the Perspective of Comparative Judicial Politics
    Jie Cheng
    11. Judicial Independence in Iraq: Jurisdictional Conflicts between the Higher Judicial Council and the Federal Supreme Court
    Majida Sanaan Ismael
    12. Judicial Independence in Chile, 1973-2023
    Hugo Rojas and Rafael Blanco
    13. Constitutional Design as an Enabler of Peace: Colombia and its Constitutional Reform of 1991
    Michelle A. Hughes

    Conclusion: Challenges, Opportunities, and Recommendations for Judicial Independence in Transitional Democracies
    Nauman Reayat, Moohyung Cho, Rhona K.M. Smith

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