Judges and Democratization

Judges and Democratization
Author: B. C. Smith
Release: 2017-02-24
Editor: Taylor & Francis
Pages: 220
ISBN: 9781134827848
Language: en
Available for:

REVIEWS:

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.

Judges and Democratization

Judges and Democratization
Author: B. C. Smith
Release: 2017-01
Editor: Routledge
Pages: 329
ISBN: 1138682934
Language: en
Available for:

REVIEWS:

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.

Judges and Democratization

Judges and Democratization
Author: B. C. Smith
Release: 2015-02-03
Editor: CreateSpace
Pages: 318
ISBN: 1503100464
Language: en
Available for:

REVIEWS:

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable independent judiciary appears to be a contradiction in terms.

Democratization and the Judiciary

Democratization and the Judiciary
Author: Siri Gloppen,Roberto Gargarella,Elin Skaar
Release: 2004
Editor: Psychology Press
Pages: 210
ISBN: 0714655686
Language: en
Available for:

REVIEWS:

Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

Judicial Power and Canadian Democracy

Judicial Power and Canadian Democracy
Author: Paul Howe,Peter H. Russell
Release: 2001
Editor: McGill-Queen's Press - MQUP
Pages: 327
ISBN: 0773522255
Language: en
Available for:

REVIEWS:

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

The Judge in a Democracy

The Judge in a Democracy
Author: Aharon Barak
Release: 2009-01-10
Editor: Princeton University Press
Pages: 368
ISBN: 9781400827046
Language: en
Available for:

REVIEWS:

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Judges in Contemporary Democracy

Judges in Contemporary Democracy
Author: Robert Badinter,Stephen G. Breyer
Release: 2004-06-01
Editor: NYU Press
Pages: 317
ISBN: 9780814799260
Language: en
Available for:

REVIEWS:

"The novel, Brink argues, is not about representation but the self-conscious play of language. From its inception, he suggests, the genre has been about the act of writing and self-reflection. This thesis is not new but is part of the currency of postmodern literary theory. Brink, himself a noted South African novelist, the author of some 12 books, including A Dry White Season (1984), and a university professor, brings the insight of an insider. He surveys 15 celebrated novels, historically arranged from Don Quixote and La Princesse de Cleves to A.S. Byatt's Possession and Italo Calvino's If on a Winter Night a Traveller examining each in terms of its play with writing and language. His discussions are marked by clarity, insight, and comprehension. A valuable book." --Thomas L. Cooksey, Library Journal "What a treat to explore the novel as a genre through the lucid eyes of André Brink, himself one of the world's foremost novelists! I particularly enjoyed the way in which the most traditional novels were revealed as contemporary and entirely relevant." --Ariel Dorfman The postmodernist novel has become famous for the extremes of its narcissistic involvement with language. In this challenging and wide-ranging new study, André Brink argues that this self-consciousness has been a defining characteristic of the novel since its inception. Taking as his starting point "the propensity for story" embedded in all language, he demonstrates that the old familiar novels may be the more startlingly modern, while postmodernist texts remain more firmly rooted in convention. From the beginnings of the genre with Don Quixote, through "classic" novels of the eighteenth and nineteenth centuries and modern and postmodern texts of the twentieth, Brink performs a sweeping analysis of 500 years of the novel, including Moll Flanders, Emma, Madame Bovary, The Trial, One Hundred Years of Solitude, and Possession. As an internationally recognized novelist, he brings a unique critical eye and enthusiasm to his exploration of the genre, offering the reader a refreshing and rewarding introduction to the novel and narrative theory.

Judicial Independence in the Age of Democracy

Judicial Independence in the Age of Democracy
Author: Peter H. Russell,David M. O'Brien,Professor David M O'Brien
Release: 2001
Editor: University of Virginia Press
Pages: 325
ISBN: 0813920159
Language: en
Available for:

REVIEWS:

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

Turkey s Middle Democracy Issues and How to Solve Them Judiciary Accountability and Fair Representation

Turkey   s Middle Democracy Issues and How to Solve Them  Judiciary  Accountability and Fair Representation
Author: Av. Mehmet Gün
Release: 2020-11-25
Editor: Gün Danışmanlık Hizmetleri Ltd. Şeti
Pages: 329
ISBN: 9786058023345
Language: tr
Available for:

REVIEWS:

Ece Temelkuran’s review on Mehmet Gün’s “Turkey’s Middle Democracy Issues and How to Solve Them: Judiciary, Accountability and Fair Representation” The first time I saw a Tunisian taxi driver counting money in French I was puzzled to hear it – it was someone speaking to himself in a foreign language as if it was his mother tongue. Observing mothers talking to their babies in English in Egypt or Lebanese lovers having a passionate fight in French, got me thinking about how deeply colonialism can be encrypted in individuals’ souls and how Turkish people have no clue about such a predicament. It certainly does not mean that citizens of Turkey have a healthy mental and emotional relationship with the West. After all, we all grew up with the same map in our classrooms in which Turkey was standing between the West, with all kinds of colors, rivers and romantic sounding cities and the East, illustrated as a greyish-yellowish void. The map was the portrayal of the Republic’s worldview, which had set the ideological goal for future generations: forget about the East that we once reigned and look towards the West where all the lively colors and the higher ideals of humankind are. Our psyche was and still is as if in a vacuum – constantly pulled and pushed by the either side of the bridge. Thanks to such a problematic in-betweenness, telling the story of this bridge requires the storyteller to wrestle with several moral questions, the most important one of them being “Am I compromising my country’s dignity or my pride by complaining about my land to the West?” This is a conundrum that neither the countries with an imperial past nor the previously colonized countries have to deal with. And the storyteller has to make a fine distinction between the words of pride and dignity when he decides to speak the whole truth. In “Turkey’s Middle Democracy Problem”, Mehmet Gün begins to tell the truth by portraying this question and makes it clear where he stands, “I would not wish the publishing of my book in English in London to be perceived as a call for help, because Turkey is mature enough to identify and analyze its own problems and implement its own solutions.” The book sets out its stance from the very beginning by challenging the dominant idea that the West is the sole pioneer and the patron of such concepts dwelling in the pre-Islamic Turkish state tradition, while providing examples from the ancient understanding of separation of powers and the philosophy of justice in Turkic history. Gün takes one step even further and as a man of law he sets out to offer solutions to the recently globalized problem of the rule of law and authoritarianism with historic references to the shared past of the East and the West. When the book turns to today’s Turkey, Gün focuses on two main problems that recently began to be relevant for Western democracies as well: accountability and transparency. Among his several important suggestions for maintaining accountability and transparency in democracies one might be particularly invigorating not only for Turkey but also for Western countries where rising authoritarianism begins to threaten these two ideals. Gün suggests establishing a Supreme Council of Justice that includes all the participants of the judicial system in order to fortify justice. For those who are used to seeing an increasing number of political science books on Turkey, Gün’s take on the country through the concepts of law, economy and philosophy brings a fresh breath to the literature. In Gün’s view Turkey has fallen into the trap of “middle democracy”. He borrows the economic term “middle income trap” and explains how a country’s democracy can also diminish over time when higher political standards are not pursued by the state and its society. The book elaborates on the problem by covering a wide spectrum of topics, from the economy to the problems of the inner workings of NGOs in Turkish democracy. This wide spectrum provides the reader with a global view of the country rather than digging deeper only in single area. This ambitious and passionate attempt to tell the whole story of Turkey should be regarded not solely as an individual endeavor. Mehmet Gün is a lawyer, and the founder and the president of Better Justice Association, a respected organization composed of lawyers, legal academics, former judges and others which is rapidly attracting interest from young law students, in particular, from across Turkey, and he is in close touch with several NGOs in Anatolia. The executive summary of the book has been adopted as a policy document by Türkonfed – The Confederation of Turkish Entrepreneurs and Business World- which represents small and medium businesses all over Turkey, and received positive feedback and emphatic agreement from a range of business stakeholders when it was put to them. Therefore the book might better be viewed as the total sum of myriad voices from Turkey that are rarely heard. The book should also be regarded as a moral and political stance against the idea that has been dominant in Western political and intellectual circles for the last two decades: that Turkey is an oriental country that can and should be content with less democracy under an authoritarian regime. Gün’s voice should be heard as the voice of Anatolia –not Istanbul, for a change- that as a matter of fact lasted longer than any sultan. A voice coming to London bearing gifts.

Judicial Activism and the Democratic Rule of Law

Judicial Activism and the Democratic Rule of Law
Author: Sonja C. Grover
Release: 2020-02-17
Editor: Springer Nature
Pages: 276
ISBN: 9783030350857
Language: en
Available for:

REVIEWS:

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

The Political Foundations of Judicial Independence in Dictatorship and Democracy

The Political Foundations of Judicial Independence in Dictatorship and Democracy
Author: Brad Epperly
Release: 2019
Editor: Oxford University Press, USA
Pages: 224
ISBN: 9780198845027
Language: en
Available for:

REVIEWS:

Why do political actors tolerate courts able to check their power? This book argues that judicial independence as electorally-induced 'insurance' is about the risks of losing power, risks that are higher in autocratic regimes. Using a mixed-methods approach, it develops a theory of both de facto and de jure independence across regime type.

Judges beyond Politics in Democracy and Dictatorship

Judges beyond Politics in Democracy and Dictatorship
Author: Lisa Hilbink
Release: 2007-07-23
Editor: Cambridge University Press
Pages: 329
ISBN: 9781139466813
Language: en
Available for:

REVIEWS:

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.

Judicial Politics in Mexico

Judicial Politics in Mexico
Author: Andrea Castagnola,Saul Lopez Noriega
Release: 2016-11-03
Editor: Routledge
Pages: 190
ISBN: 9781315520599
Language: en
Available for:

REVIEWS:

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Making Our Democracy Work

Making Our Democracy Work
Author: Stephen Breyer
Release: 2010-09-14
Editor: Vintage
Pages: 288
ISBN: 9780307594266
Language: en
Available for:

REVIEWS:

The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.

Democracy and Judicial Reforms in South East Europe

Democracy and Judicial Reforms in South East Europe
Author: Cristina Dallara
Release: 2014-07-08
Editor: Springer
Pages: 124
ISBN: 9783319044200
Language: en
Available for:

REVIEWS:

The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.

Judicial Reform in Taiwan

Judicial Reform in Taiwan
Author: Neil Chisholm
Release: 2019-11-04
Editor: Routledge
Pages: 298
ISBN: 9781135008284
Language: en
Available for:

REVIEWS:

This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Democracy falling apart Open Acces

Democracy falling apart  Open Acces
Author: Thomas Stadelmann
Release: 2018-11-01
Editor: Stämpfli Verlag
Pages: 170
ISBN: 9783727226557
Language: en
Available for:

REVIEWS:

Die Europäische Richtervereinigung EAJ beschäftigt sich seit Jahren mit der Situation der Justiz und des Rechtsstaates in Europa. Sie stellt mit grosser Sorge fest, dass die Unabhängigkeit der Justiz, die Gewaltenteilung und die Rule of Law in vielen Ländern keine Selbstverständlichkeit mehr sind. Ein Beispiel für diese negative Entwicklung – in ihrem Ausmass in diesem Jahrhundert einmalig – sind die Geschehnisse in der Türkei. Die Beiträge in diesem Buch stammen von Richterinnen und Richtern aus ganz Europa und von Juristinnen und Juristen aus der Türkei, welche über die Entwicklung in ihrem Land aus erster Hand berichten. Die Autoren aus der Türkei schreiben jeweils unter einem Pseudonym: Unter den heutigen Bedingungen können sie es nicht wagen, unter ihrem Namen offen Kritik an der rechtsstaatlichen Situation zu äussern: Bereits dieser Umstand alleine ist eine wichtige Aussage im Kontext des behandelten Themas. Die Beiträge wenden sich an Juristinnen und Juristen, Politikerinnen und Politiker, aber auch an alle anderen an Rechtsstaatlichkeit, gewaltenteiliger Demokratie und unabhängiger Justiz interessierte Leserinnen und Leser in ganz Europa – inklusive der Türkei – und in Übersee. Das Buch ist vielsprachig: Die Beiträge sind auf Englisch, Deutsch oder Französisch geschrieben; sie enthalten je eine Kurzzusammenfassung in Englisch, Französisch, Deutsch und Türkisch.

Manipulating Courts in New Democracies

Manipulating Courts in New Democracies
Author: Andrea Castagnola
Release: 2019-09-06
Editor: Routledge
Pages: 140
ISBN: 0367372037
Language: en
Available for:

REVIEWS:

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.

Democracy and Distrust

Democracy and Distrust
Author: John Hart Ely
Release: 1980
Editor: Harvard University Press
Pages: 268
ISBN: 9780674196377
Language: en
Available for:

REVIEWS:

Ely criticizes the two prevailing legal approaches to the Constitution and sets forth a proposal for determining the role of the Supreme Court today based on the view that the Court should assure majority governance while protecting minority rights

Judicial Power Democracy and Legal Positivism

Judicial Power  Democracy and Legal Positivism
Author: Tom D. Campbell,Jeffrey Goldsworthy
Release: 2017-03-02
Editor: Routledge
Pages: 452
ISBN: 9781351924641
Language: en
Available for:

REVIEWS:

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.