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."
General
Imprint: |
Cambridge UniversityPress
|
Country of origin: |
United Kingdom |
Release date: |
2012 |
First published: |
2012 |
Authors: |
Maria Popova
|
Dimensions: |
234 x 157 x 15mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
210 |
ISBN-13: |
978-1-107-01489-3 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Comparative law
|
LSN: |
1-107-01489-1 |
Barcode: |
9781107014893 |
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