Politicized Justice in Emerging Democracies

ISBN-13: 9781107014893 / Angielski / Twarda / 2012 / 210 str.

Maria Popova

Opis

Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004 in two politically salient types of cases - electoral registration disputes and defamation lawsuits against media outlets - as well as data from interviews with judges, lawyers, litigants, and judicial administrators. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.

Recenzje

'For comparative judicial scholars, especially those who have had a longstanding focus on the performance of civil rights and liberties in the democratizing world - and more specifically the post-Soviet realm - this is an indispensable book. It challenges readers to think hard about the socio-political context in which institutional reform takes place, warning us against placing too much hope on the ability of the law as a tool to hold political authorities accountable without taking into consideration the limits imposed by the specific reality in which they operate. More importantly, Popova's book makes a significant contribution to the study of judicial independence in comparative perspective. Its clear theoretical framework, meticulous analysis of both qualitative and quantitative data, and thorough discussion of both formal institutions and informal political dynamics, make it mandatory reading in graduate syllabi in the field …' Raul A. Sanchez Urribarri, Global Law Books (www.globallawbooks.org/home.asp)

Spis treści

1. What is judicial independence?; 2. Judges and politicians: theories about the origins of judicial independence; 3. What can a focused comparison of Russia and Ukraine tell us about the origins of independent court; 4. The role of Ukrainian and Russian courts in the provision of free and fair elections: judicial independence from politicians during the 2002 Rada and the 2003 Duma campaigns; 5. The role of Ukrainian and Russian courts in the provision of press freedom: judicial independence in defamation lawsuits, 1998–2003; 6. Politicians' capacity to pressure the courts; 7. Politicians' willingness to pressure the courts, 1998–2004 and beyond.