Judges and Democratization: Judicial Independence in New Democracies

Judicial independence is essential for democracy, and this book examines the restraints placed upon it and the reforms being applied to guard against interference. It focuses on the paradox of judicial activism arising from independence and the rights bestowed on citizens by post-authoritarian constitutions. It also asks how judicial accountability can be made compatible with the preservation of judicial independence.

Format: Paperback / softback
Length: 292 pages
Publication date: 27 May 2024
Publisher: Taylor & Francis Ltd

Judicial independence is a crucial aspect of democratization, as it ensures that the rule of law is upheld and that judicial decisions are made in a wholly impartial way. This second edition of the book examines judicial independence in the context of the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia, and Africa. It focuses on the restraints placed upon judicial independence and the reforms that are being applied or remain to be adopted to guard against interference. The book also 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.

Weight: 462g
Dimension: 233 x 157 x 19 (mm)
ISBN-13: 9781032369495
Edition number: 2 ed