Law Making as an Institutional Game: Who wins and who loses from judicial reforms?

ISBN-13: 9781472471895 / Angielski / Twarda / 2028 / 254 str.

Daniela Piana

Opis

Judicial institutions are directly involved in law making and law enforcement. Their core business tightly refers to the venture, the fate, and the prospect of the law. And yet, despite numerous investigations of how far and deep courts intervene in policy making as well as how far and deep they reshape the law, very little has been revealed about the impact law making processes have on courts and more generally on the judicial system. This book seeks to fill this gap by examining the law making process that unfolds in the context of judicial reforms. A reform' is meant here as an intentional change brought about in the institutional, organisational, cultural, procedural, managerial, setting where courts operate. Therefore, the book deals with change' of the judiciary. This change is not considered as the outcome of the reform - rather the change is considered, and accordingly conceptualised, as a process. As such, the book tells the story of the redistribution of power, resources, legitimacy, and capacity triggered by the process of the reform experienced by the judicial actors, both individual and institutional. Theoretically, the book takes an institutionalist approach and draws on research over a 10 year period and an extensive empirical field comprising 8 EU member states. The analysis is informed by a large dataset drawn from the author's sole research along with those of two international research groups.

Spis treści

Introduction: "Game" as a metaphor for judicial politics

Chapter 1. Squaring the circle between transnational and domestic variables

Chapter 2. Empowered actors leading the game: a third round of Eastern European judicial reforms

Chapter 3. Who writes judicial reforms? Vetoing without saying in Western democracies

Chapter 4. Institutional policies in comparative perspective

Chapter 5. Managerial and professional reforms. Shipping politics in a safe harbour

Conclusion: Are judicial reforms win-win games?

O autorze

Daniela Piana is Professor of Political Science at the University of Bologna and Associate Fellow at the Institut des Hautes Etudes sur la Justice in Paris. She has been carrying out comparative research on judicial policies in Western and Eastern Europe as well as on judicial systems. Recently she has worked on a comparative analysis of the intersection between judicial independence and judicial accountability in Italy. She has published extensively on rule of law, constitutional policies, courts, and managerial schemes in public prosecutor offices. Her most recent book is: Networking the Rule of Law: How Change Agents Reshape Judicial Governance in the EU, Ashgate, 2015.