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Rule by Law

Rule by Law Author Tom Ginsburg
ISBN-10 9781139473132
Release 2008-05-08
Pages
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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.



Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes Author Tom Ginsburg
ISBN-10 9781107047662
Release 2013-12-31
Pages 282
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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.



Authoritarian Rule of Law

Authoritarian Rule of Law Author Jothie Rajah
ISBN-10 9781107378766
Release 2012-04-16
Pages
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Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time.



Opposing the Rule of Law

Opposing the Rule of Law Author Nick Cheesman
ISBN-10 9781107083189
Release 2015-03-12
Pages 338
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A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.



The Endurance of National Constitutions

The Endurance of National Constitutions Author Zachary Elkins
ISBN-10 9780521515504
Release 2009-10-19
Pages 260
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Based on original historical data, this book shows that key changes in design can extend constitutional life.



The Struggle for Constitutional Power

The Struggle for Constitutional Power Author Tamir Moustafa
ISBN-10 9781139465113
Release 2007-06-11
Pages
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For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.



Towards Juristocracy

Towards Juristocracy Author Ran Hirschl
ISBN-10 0674038673
Release 2009-06-01
Pages 296
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In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.



Law s Fragile State

Law s Fragile State Author Mark Fathi Massoud
ISBN-10 9781107026070
Release 2013-05-27
Pages 277
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Uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.



Judges beyond Politics in Democracy and Dictatorship

Judges beyond Politics in Democracy and Dictatorship Author Lisa Hilbink
ISBN-10 9781139466813
Release 2007-07-23
Pages
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Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.



Consequential Courts

Consequential Courts Author Diana Kapiszewski
ISBN-10 9781107067530
Release 2013-04-08
Pages
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In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.



Political In Justice

Political  In Justice Author Anthony W. Pereira
ISBN-10 9780822972839
Release 2005
Pages 262
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Through a thorough examination of political repression in Brazil, Chile, and Argentina, Anthony Pereira illuminates the ways in which the long-term relationship of a country’s military and judiciary can explain a regime’s overall approach to the law.



Courts in Latin America

Courts in Latin America Author Gretchen Helmke
ISBN-10 9781139497169
Release 2011-01-17
Pages
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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.



Governing with Judges

Governing with Judges Author Alec Stone Sweet
ISBN-10 9780198297307
Release 2000
Pages 232
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Constitutional Politics in Europe: Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusingon the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to whatextent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutionallaw, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional.Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. Thebook also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.



Ruling Before the Law

Ruling Before the Law Author William Hurst
ISBN-10 9781108427203
Release 2018-04-30
Pages
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Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.



Cultures of Legality

Cultures of Legality Author Javier Couso
ISBN-10 9780521767231
Release 2010-04-30
Pages 287
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Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.



Tying the Autocrat s Hands

Tying the Autocrat s Hands Author Yuhua Wang
ISBN-10 9781107071742
Release 2014-12-18
Pages 216
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Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.



Free Country

Free Country Author Sydney Kentridge
ISBN-10 9781782253488
Release 2014-07-18
Pages 188
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For decades Sydney Kentridge QC has been admired as a brilliant advocate, an outstanding lawyer and, during the apartheid years in South Africa, a courageous defender of the individual against an oppressive state. His advocacy at the inquest of Steve Biko came to the attention of a wider audience when he was portrayed on stage and screen by Albert Finney. He has since pursued a second, equally celebrated career as a barrister in England. In 1999 he was knighted 'for services to international law and justice'. This selection from his lectures and talks includes memorable and often moving accounts of Sydney's experiences as an advocate practising in South Africa under a legal system which not merely permitted racial discrimination but required it and in which, for political cases, many of the protections essential to a fair trial had been abolished. Wider topics addressed include the ethics of advocacy, freedom of speech, the rule of law and the selection of judges. Two themes that run through this book are an acute sense of the fragility of the rights and values that define a free country and, at the same time, an intense appreciation of just how much such rights and freedoms, which we may sometimes take for granted, really matter. "One of the great pleasures of this collection is that the author's voice and personality, including his understated sense of humour, are evident throughout. His is not just the voice of a great advocate; it is also wise and humane." From the Foreword by David Lloyd Jones and George Leggatt