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"Justice, Administration of Political aspects."
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Rule By Law
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.
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Transformative justice
Can Israel be both Jewish and democratic? Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism. Leora Bilsky is Professor of Law, Tel Aviv University.
eBook
The political foundations of judicial independence in dictatorship and democracy
This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full \"insurance\" account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 <\"constitutional coup,>\" and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.
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Civil Justice, Privatization, and Democracy
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.
Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
eBook
The Politics of International Law and International Justice
An introduction to international law for politics and IR students
This textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.
Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.
Key FeaturesEach chapter explores a central issue in public international law and IR theory, showing how international law and political debate are entwinedKey concepts are explained in text boxesEach chapter includes case studies, chapter summaries, revision questions and suggestions for further reading
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The Politics of Justice
First Published in 2015. Routledge is an imprint of Taylor & Francis, an Informa company.
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