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Pathways to Judicial Power in Transitional States - Perspectives from African Courts (Paperback)
Loot Price: R1,476
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Pathways to Judicial Power in Transitional States - Perspectives from African Courts (Paperback)
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This book examines the complex relationship that exists between the
construction of judicial power, and the institutional
characteristics of the courts and their regime setting. It examines
the intriguing connection between the construction of judicial
power on the one hand, and the institutional characteristics of the
courts and regime setting on the other. The book asks whether
courts are rendered powerful by virtue of their institutional
characteristics or by a supportive, perhaps acquiescent, regime
setting. By analyzing the historical pathways of courts in Uganda,
Tanzania and Malawi, this book argues that the emergence of
judicial power since the colonial period, though fraught with many
challenges, presents a unique opportunity for consolidating
democracy. The book examines in detail the significant political
decisions of the upper-level courts in Uganda, Tanzania and Malawi
from the colonial period to the present day, analyzing them in
relation to changes in the political environment over time.
Analysis of these decisions is also supplemented by in-depth
interviews with judges, lawyers and other important stakeholders in
the judicial processes. This book demonstrates that even in the
most challenging regime environments, effective institutions and
determined individuals can push back against interference and issue
politically powerful, independent decisions but the way in which
judiciaries respond to this regime pressure varies enormously
across countries and regions.
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