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Author: Lisa Hilbink
Publisher: Cambridge University Press
ISBN: 113946681X
Category : Law
Languages : en
Pages : 13
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Book Description
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Author: Lisa Hilbink
Publisher: Cambridge University Press
ISBN: 113946681X
Category : Law
Languages : en
Pages : 13
Get Book Here
Book Description
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Author: Lisa Hilbink
Publisher:
ISBN: 9780511296772
Category : LAW
Languages : en
Pages : 317
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Book Description
Why did formally independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the common assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to takes stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Author: Adam Przeworski
Publisher: Cambridge University Press
ISBN: 9780521532662
Category : Law
Languages : en
Pages : 338
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Book Description
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 1107375584
Category : Law
Languages : en
Pages : 440
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Book Description
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 1316516733
Category : Law
Languages : en
Pages : 173
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Book Description
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author: Rebecca Bill Chavez
Publisher: Stanford University Press
ISBN: 9780804748124
Category : Law
Languages : en
Pages : 284
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Book Description
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1107405203
Category : History
Languages : en
Pages : 243
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Book Description
This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Author: Naomi Roht-Arriaza
Publisher: University of Pennsylvania Press
ISBN: 0812203070
Category : Law
Languages : en
Pages : 271
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Book Description
The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Author: Fred Abrahams
Publisher: NYU Press
ISBN: 1479896683
Category : History
Languages : en
Pages : 378
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Book Description
In the early 1990s, Albania, arguably Europe’s most closed and repressive state, began a startling transition out of forty years of self-imposed Communist isolation. Albanians who were not allowed to practice religion, travel abroad, wear jeans, or read “decadent” Western literature began to devour the outside world. They opened cafés, companies, and newspapers. Previously banned rock music blared in the streets. Modern Albania offers a vivid history of the Albanian Communist regime’s fall and the trials and tribulations that led the country to become the state it is today. The book provides an in-depth look at the Communists' last Politburo meetings and the first student revolts, the fall of the Stalinist regime, the outflows of refugees, the crash of the massive pyramid-loan schemes, the war in neighboring Kosovo, and Albania’s relationship with the United States. Fred Abrahams weaves together personal experience from more than twenty years of work in Albania, interviews with key Albanians and foreigners who played a role in the country’s politics since 1990—including former Politburo members, opposition leaders, intelligence agents, diplomats, and founders of the Kosovo Liberation Army—and a close examination of hundreds of previously secret government records from Albania and the United States. A rich, narratively-driven account, Modern Albania gives readers a front-row seat to the dramatic events of the last battle of Cold War Europe.
Author: Samuel Hickey
Publisher:
ISBN: 0198722567
Category : Business & Economics
Languages : en
Pages : 417
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Book Description
It is now widely accepted that politics plays a significant role in shaping the possibilities for inclusive development. However, the specific ways in which this happens across different types and forms of development, and in different contexts, remains poorly understood. This collection provides a state of the art review regarding what is currently known about the politics of inclusive development. Leading academics offer systematic reviews of how politics shapes development across multiple dimensions, including through growth, natural resource governance, poverty reduction, service delivery, social protection, justice systems, the empowerment of marginalised groups, and the role of both traditional and non-traditional donors. The volume not only provides a comprehensive update but also a ground-breaking range of new directions for thinking and acting around these issues. The book's originality thus derives not only from the wide scope of its case-study material, but also from the new conceptual approaches it offers for thinking about the politics of inclusive development, and the innovative and practical suggestions for donors, policy makers, and practitioners that flow from this.
