Title Politicized Justice in Emerging Democracies : a Study of Courts in Russia and Ukraine

Published Cambridge : Cambridge University Press, 2012

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Description 1 online resource (212 pages) Series Comparative constitutional law and policy Comparative constitutional law and policy. Contents Cover; POLITICIZED JUSTICE IN EMERGING DEMOCRACIES; Title; Copyright; Contents; Figures; Tables; Acknowledgments; Introduction; WHY STUDY THE RULE OF LAW?; JUDICIAL INDEPENDENCE AND THE RULE OF LAW; WHY DO SOME COUNTRIES HAVE INDEPENDENTCOURTS AND OTHERS DO NOT?; JUDICIAL (IN)DEPENDENCE IN RUSIA AND UKRAINE; ROADMAP; 1: What Is Judicial Independence?; INSTITUTIONAL JUDICIAL INDEPENDENCE; BEHAVIORAL JUDICIAL INDEPENDENCE; DECISIONAL JUDICIAL INDEPENDENCE; INDEPENDENT FROM WHOM? JUDICIAL INDEPENDENCEFROM DIFERENT PRINCIPALS; CAPACITY VS. WILLINGNESS CONCEPTUALIZATIONOF JUDICIAL INDEPENDENCE JUDICIAL INDEPENDENCE AT DIFFERENTLEVELS OF ABSTRACTIONCONCLUSION; 2: Judges and Politicians: Theories about the Origins ofJudicial Independence; STRUCTURAL INSULATION THEORIES OF JUDICIAL INDEPENDENCE: HOW TO MAKE IT IMPOSSIBLE FOR POLITICIANS TO PRESSURE THE COURTS; STRATEGIC ACTOR THEORIES OF JUDICIAL INDEPENDENCE: WHEN DO POLITICIANS OFFER INDEPENDENT COURTS?; STRATEGIC ACTOR THEORIES OF JUDICIAL INDEPENDENCE: WHEN DO JUDGES RESIST PRESSURE FROM POLITICIANS?; JUDICIAL INDEPENDENCE AND REGIME TYPE: WHY ARE INDEPENDENT COURTS A RARITY OUTSIDE OF THE WORLD'S CONSOLIDATED DEMOCRACIES? POLITICAL COMPETITION AND JUDICIAL INDEPENDENCE IN EMERGING DEMOCRACIES -- A STRATEGIC PRESSURE THEORYREGIME AGE AND INDEPENDENT COURTS; CONCLUSION; 3: What Can a Focused Comparison of Russia and Ukraine Tell Us about the Origins of Independent Courts?; EXISTING MEASURES OF JUDICIAL INDEPENDENCE; MULTISTAGE WIN-RATE ANALYSIS AS A METHOD OFMEASURING JUDICIAL INDEPENDENCE; MEASURING JUDICIAL INDEPENDENCE FROMPOLITICIANS IN RUSSIA AND UKRAINE; WHY RUSSIA AND UKRAINE?; Similarities between Russia and Ukraine; Structural Insulation of the Judiciary in Russia and Ukraine Political Competition in Russia and UkraineTHEORETICAL PREDICTIONS ABOUT JUDICIALINDEPENDENCE IN RUSSIA AND UKRAINE; 4: The Role of Ukrainian and Russian Courts in the Provision of Free and Fair Elections: JudicialIndependence from Politicians during the 2002 Radaand the 2003 Duma Campaign; WHAT ARE ELECTORAL REGISTRATION DISPUTES?; THE DATASETS; WHAT CAN A PLAINTIF'S POLITICAL AFILIATIONTELL US ABOUT JUDICIAL INDEPENDENCE?; MEASURING THE INDEPENDENT VARIABLES; ADMINISTRATIVE RESOURCES AND CASE MERIT: WHY 2002-2003 PROGOVERNMENT CANDIDATES SHOULD HAVE BEEN LOSING IN COURT SARTORI SELECTION MODEL OF COURT APPEAL-RATE AND WIN-RATEEFFECT MAGNITUDE AS A MEASUREOF JUDICIAL INDEPENDENCE; IMPLICATIONS OF THE ELECTORAL DISPUTE ANALYSIS FOR JUDICIAL INDEPENDENCE THEORIES; 5: The Role of Ukrainian and Russian Courts in the Provision of Press Freedom: Judicial Independence in Defamation Lawsuits, 1998-2003; THE STATUTORY FRAMEWORK FOR DEFAMATION LAWSUITS; THE DATASETS; LOS, VICTORY, AND "MORAL DAMAGE" AWARDS: MULTISTAGE WIN-RATE ANALYSIS OF JUDICIAL INDEPENDENCE FROM POLITICIANS IN DEFAMATION DISPUTES; JUDICIAL INDEPENDENCE FROM OTHER PRINCIPALS; CONCLUSION Summary This book proposes a strategic pressure theory that argues that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians Notes 6: Politicians' Capacity to Pressure the Courts Bibliography Includes bibliographical references and index Notes Print version record Subject Judicial independence -- Ukraine Judicial independence -- Russia (Federation) democracy. democratisation. social rights. police. judicial power. judge. political figure. courts and tribunals. access to the courts. history. electoral law. Russia. Ukraine. démocratie. démocratisation. droits sociaux. police. pouvoir judiciaire. juge. personnalité politique. juridiction. accès à la justice. histoire. droit électoral. Russie. Ukraine. Judicial independence. Russia (Federation) Ukraine. Form Electronic book ISBN 9781139232241 113923224X 9781139055345 1139055348 1107694035 9781107694033 9781139229333 1139229338

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