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. 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: |
March 2014 |
First published: |
June 2014 |
Authors: |
Maria Popova
|
Dimensions: |
229 x 152 x 11mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
210 |
ISBN-13: |
978-1-107-69403-3 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Comparative law
|
LSN: |
1-107-69403-5 |
Barcode: |
9781107694033 |
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