Title Judges and democratization : judicial independence in new democracies / B.C. Smith

Published Abingdon, Oxon [UK] ; New York : Routledge, 2017

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Description 1 online resource Series Routledge/challenges of globalisation ; 13 Routledge/challenges of globalisation ; 13. Contents The rule of law and democracy -- The rule of law and judicial independence -- Undermining judicial independence -- Judicial bias -- Judicial reform -- Reforming judicial behaviour -- Judicial management -- Judicial activism -- Judicial accountability -- Conclusion : the dilemma of judicial independence Summary 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. -- Provided by publisher Bibliography Includes bibliographical references and index Notes Print version record SUBJECT Europäisches Gericht gnd Bibel Richter gnd Subject Judicial independence. Judicial power. Judicial process. Judges. Democratization. LAW -- Civil Procedure. LAW -- Legal Services. POLITICAL SCIENCE -- Government -- Judicial Branch. Democratization Judges Judicial independence Judicial power Judicial process Demokratie Form Electronic book ISBN 9781315544847 1315544849 9781134827848 1134827849 9781134827916 1134827911 9781134827985 1134827989

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