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Author: Melissa Crouch
Publisher: Cambridge University Press
ISBN: 1108493467
Category : Law
Languages : en
Pages : 449
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Book Description
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author: Melissa Crouch
Publisher: Cambridge University Press
ISBN: 1108493467
Category : Law
Languages : en
Pages : 449
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Book Description
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author: Melissa Crouch
Publisher: Cambridge University Press
ISBN: 1316999343
Category : Law
Languages : en
Pages :
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Book Description
Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Author: Philip L. Dubois
Publisher: Lexington Books
ISBN:
Category : Law
Languages : en
Pages : 216
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Book Description
Author: Matthew C. Ingram
Publisher: Cambridge University Press
ISBN: 1316425401
Category : Law
Languages : en
Pages : 393
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Book Description
The role of Latin American courts in facilitating democracy and economic liberalization is considerable. But while national 'high courts' have been closely studied, the form, function, and empowerment of local courts are still not well understood. In Crafting Courts in New Democracies, Matthew C. Ingram fills this gap by examining the varying strength of local judicial institutions in Brazil and Mexico since the 1980s. Combining statistical analysis and in-depth qualitative research, Ingram offers a rich account of the politics that shape subnational court reform in the region's two largest democracies. In contrast to previous studies, theoretical emphasis is given to the influence of political ideas over the traditional focus on objective, material incentives. Exhaustively researched and rigorously presented, this book will appeal to scholars and policymakers interested in the judiciary, institutional change, Latin America, the causal role of ideas, justice reform, and the rule of law.
Author: Herbert M. Kritzer
Publisher: Cambridge University Press
ISBN: 1108496334
Category : Law
Languages : en
Pages : 401
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Book Description
How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?
Author: Stephen Breyer
Publisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
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Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Robert W. Tobin
Publisher: iUniverse
ISBN: 0595322778
Category : Court administration
Languages : en
Pages : 0
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Book Description
"One thing is clear. Courts came alive in the twentieth century and made changes that could not have been envisioned as late as World War II." From Chapter 6 Creating the Judicial Branch: The Unfinished Reform describes and assesses a recent historical phenomenon, the creation of administratively and organizationally coherent judicial systems within state government. Before 1950, the state judicial branch of government existed mostly in concept, not in operational reality. After 1950, state judges, the organized bar, and many students of the judiciary took a hard look at the way state courts were organized and managed. They concluded that state courts, particularly the trial courts, were externally dominated, highly disorganized, often unprofessional, and poorly managed, to the point where the integrity of the state courts was being seriously undermined. State after state initiated court reforms and brought about many remarkable improvements. Courts were caught up in a reform wave that swept all three branches of state government but took a unique form in the courts. Unlike the executive and legislative branches, the state courts were not simply seizing management control of their own domain but literally creating a third branch of government. They sought this objective by integrating the various components of the state judiciary into a more coherent whole and generally upgrading the level of professionalism and the quality of justice.
Author: Lee Card
Publisher: University of Oklahoma Press
ISBN: 0806168021
Category : Law
Languages : en
Pages : 173
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Book Description
Between 1956 and 1967, justice was for sale in Oklahoma’s highest court and Supreme Court decisions went to the highest bidder. One lawyer, O. A. Cargill, grew rich peddling influence with the justices; a shady company, Selected Investments, protected its illegal practices with bribes; and Supreme Court justice N. S. Corn, one of two justices who would ultimately serve time in prison, cheated his partners in crime and stashed vast amounts of ill-gotten cash in a locker at his golf course. Author Lee Card, himself a former judge, describes a system infected with favoritism and partisanship in which party loyalty trumped fairness and a shaky payment structure built on commissions invited exploitation. From petty corruption at the lowest level of the trial bench to large-scale bribery among Supreme Court justices, Card follows the developing scandal, introducing the bit players and worst offenders, the federal prosecutors who exposed the scheme, and the politicians who persuaded skeptical Oklahoma voters to adopt constitutional reforms. On one level,The Best Courts Money Could Buy is a compelling story of true crime and punishment set in the capitol of an agricultural, oil-producing, conservative state. But on a deeper level, the book is a cautionary tale of political corruption—and the politics of restoring integrity, accountability, and honor to a broken system.
Author: Justin Crowe
Publisher: Princeton University Press
ISBN: 0691152934
Category : Law
Languages : en
Pages : 312
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Book Description
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author: Neil Chisholm
Publisher: Routledge
ISBN: 1135008280
Category : Social Science
Languages : en
Pages : 453
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Book Description
This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
