Description
| Product ID: | 9781032369457 |
| Product Form: | Hardback |
| Country of Manufacture: | GB |
| Series: | Democratization and Autocratization Studies |
| Title: | Judges and Democratization |
| Subtitle: | Judicial Independence in New Democracies |
| Authors: | Author: B. C. Smith |
| Page Count: | 292 |
| Subjects: | Social and political philosophy, Social & political philosophy, Political structures: democracy, Human rights, civil rights, Systems of law, Comparative law, Public international law: human rights, Public international law: criminal law, Legal systems: courts and procedures, Legal systems: judges and judicial powers, Social law and Medical law, Political structures: democracy, Human rights, Systems of law, Comparative law, International human rights law, International criminal law, Courts & procedure, Judicial powers, Social law, Developing countries |
| Description: | Select Guide Rating This second edition examines judicial independence as an aspect of democratization, based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. This second edition examines judicial independence as an aspect of democratization 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 examines 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. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial 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 book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law. |
| Imprint Name: | Routledge |
| Publisher Name: | Taylor & Francis Ltd |
| Country of Publication: | GB |
| Publishing Date: | 2022-11-18 |
