pathways to judicial power in transitional states perspectives from african courts

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Pathways To Judicial Power In Transitional States

Author : Rachel Ellett
ISBN : 9781135966058
Genre : Law
File Size : 42. 81 MB
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This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.

Judges And Democratization

Author : B. C. Smith
ISBN : 9781134827848
Genre : Political Science
File Size : 46. 82 MB
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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.

International Courts And The African Woman Judge

Author : Josephine Jarpa Dawuni
ISBN : 9781315444420
Genre : Social Science
File Size : 88. 26 MB
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A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Courts And Power In Latin America And Africa

Author : B. Wilson
ISBN : 9781137100290
Genre : Political Science
File Size : 44. 6 MB
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Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.

Courts In Latin America

Author : Gretchen Helmke
ISBN : 9781139497169
Genre : Political Science
File Size : 73. 41 MB
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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.

Building The Rule Of Law

Author : Jennifer A. Widner
ISBN : 0393976890
Genre : Biography & Autobiography
File Size : 62. 20 MB
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A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.

Asian Legal Revivals

Author : Yves Dezalay
ISBN : 9780226144634
Genre : History
File Size : 69. 16 MB
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More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Towards Juristocracy

Author : Ran Hirschl
ISBN : 0674038673
Genre : Law
File Size : 22. 16 MB
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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.

Judicial Review Systems In West Africa A Comparative Analysis

Author :
ISBN : 9176710521
Genre :
File Size : 37. 13 MB
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This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

The African Court Of Justice And Human Rights An Opportunity To Strengthen Human Rights Protection

Author : Frew Demeke Alemu
ISBN : 365670029X
Genre :
File Size : 34. 38 MB
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Master's Thesis from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Lund University, course: International Human Rights Law, language: English, abstract: Taking in to consideration the countless human rights violations and impunity in Africa, there is not a shred of doubt about the dire need for effective human rights protection mechanisms at continental level. This concern has mainly increased due to the Africa Commission's poor track record of enforcement of human rights norms in the region. Hence, it is in the effort to cure the ills suffered by this system that an endeavor to build a regional human rights judicial organ has been embarked on. The process of establishment of the African Court of Justice and Human Rights (ACtJHR) is also the extension of this effort which partially became successful with the transitional operation of the African Court on Human and Peoples' Rights. The primary purpose of this study is, thus, to show how the ACtJHR would be relevant in promoting and protecting human rights in the continent. An attempt is also made to investigate whether the new Court will be a solution to fill the gaps left out by the African Commission in the regional human rights enforcement mechanism. In doing so, the study has made a thorough analysis of the prospects and challenges of the ACtJHR from different vantage points. It has also addressed the possible interaction between the two main regional human rights actors, i.e., the ACtJHR and the African Commission. The study has also touched up on the link between the sub-regional judicial institutions and the African Court on human rights matters.

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