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Judicial Independence in Transitional Democracies

Judicial Independence in Transitional Democracies

Author: Nauman Reayat; Rhona K. M. Smith; Moohyung Cho
Publisher: Routledge
ISBN: 9781032599830
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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