B. C.Smith
Judges and Democratization: Judicial Independence in New Democracies
Judges and Democratization: Judicial Independence in New Democracies
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The second edition of this book examines judicial independence as an essential component of democratization, focusing on the restraints placed upon it and the reforms to protect against interference. It explores the paradox of judicial activism in post-authoritarian constitutions and asks how judicial accountability can be maintained while preserving independence. It is a valuable resource for scholars and students of judicial studies, democratization, constitutionalism, global governance, and comparative government/politics, human rights, and comparative public law.
Format: Hardback
Length: 292 pages
Publication date: 18 November 2022
Publisher: Taylor & Francis Ltd
This second edition delves into the intricate relationship between judicial independence and democratization, recognizing that the consolidation of democracy cannot be achieved without the rule of law, which is intrinsically linked to judicial independence. It provides a comprehensive examination of the various constraints imposed on judicial independence and explores the ongoing reforms aimed at safeguarding against interference that may hinder the impartiality of judicial decisions.
The book specifically focuses on the growing authoritarianism observed in emerging democracies across Eastern Europe, Latin America, Asia, and Africa. It analyzes the paradoxical emergence of judicial activism in these contexts, stemming from the independence granted to the judiciary and the rights bestowed upon citizens by post-authoritarian constitutions.
The book raises important questions about how judicial accountability can coexist with the preservation of judicial independence, particularly when the concept of an accountable, independent judiciary appears to be at odds. It offers insightful perspectives and empirical evidence to shed light on these complex issues, making it a valuable resource for scholars and students engaged in judicial studies, democratization and autocratization studies, constitutionalism, global governance, and comparative government/politics, human rights, and comparative public law.
Weight: 600g
Dimension: 162 x 243 x 24 (mm)
ISBN-13: 9781032369457
Edition number: 2 ed
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