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Download The Dynamics of Judicial Independence PDF
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Publisher : Springer
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ISBN 10 : 9783319498843
Pages : 251 pages
Rating : 4.3/5 (194 users)
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Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Download The Politico Legal Dynamics of Judicial Review PDF
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Publisher : Cambridge University Press
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ISBN 10 : 9781108670470
Pages : pages
Rating : 4.1/5 (86 users)
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Download or read book The Politico Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution.

Download Judicial Independence in the Age of Democracy PDF
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Publisher : University of Virginia Press
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ISBN 10 : 0813920167
Pages : 325 pages
Rating : 4.9/5 (21 users)
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Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

Download The Two Faces of Judicial Power PDF
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Publisher : Springer Nature
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ISBN 10 : 9783030460167
Pages : 245 pages
Rating : 4.0/5 (34 users)
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Download or read book The Two Faces of Judicial Power written by Benjamin G. Engst and published by Springer Nature. This book was released on 2021-05-19 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.

Download Challenged Justice  In Pursuit of Judicial Independence PDF
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Publisher : BRILL
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ISBN 10 : 9789004421554
Pages : 588 pages
Rating : 4.0/5 (44 users)
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Download or read book Challenged Justice In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Download The Dynamics of Judicial Stasis PDF
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Publisher :
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ISBN 10 : UCAL:C3507605
Pages : 524 pages
Rating : 4.:/5 (35 users)
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Download or read book The Dynamics of Judicial Stasis written by Alexandra Valeria Huneeus and published by . This book was released on 2006 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Essays on the Economics of Judicial Independence and the Effectiveness of Criminal Defense PDF
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ISBN 10 : OCLC:774918979
Pages : 88 pages
Rating : 4.:/5 (774 users)
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Download or read book Essays on the Economics of Judicial Independence and the Effectiveness of Criminal Defense written by Hossein Alikamar Abbasi and published by . This book was released on 2009 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study I provide an empirical analysis of the judicial system. The main emphasis of this study is on the causes and consequences of judicial independence. In the first chapter, I analyze the determinants of judicial independence in a cross-country setting. I investigate the empirical evidence for two hypotheses about the conditions for judicial independence: institutional protection and political competition. Using a new set of indicators from constitutions of countries, I show that there is no evidence for a significant effect of institutional rules on judicial independence. A panel data analysis shows a significant effect of political competition on judicial independence. This effect holds after including country-specific fixed effects, using instrumental variables to address the issue of reverse causality, and controlling for persistence in judicial independence and mean-reverting dynamics. The second chapter examines the relative merits of judicial selection methods in the American states. The conventional wisdom holds that appointive judges act differently from elected judges, because they are more independent and are less vulnerable to public pressure. Existing theories suggest that appointive systems create more uncertainty; therefore, one should expect higher litigation rates in these systems. Those theories also suggest that public pressure forces elected judges to be more productive. Using time-series data on litigation rates and opinions, I investigate the impact of switching in selection methods on judicial behavior. I use tests of structural break, with both known and unknown dates, to examine whether a switch from elective and appointive systems to a merit selection causes a structural regime change. I evaluate the results using asymptotic results in the literature as well as with Monte Carlo analysis. My results contradict the existing theories. A change in selection method causes a regime change, but the direction of the change is not consistent with the predictions of the theory. For example, the litigation rates in Connecticut increased after switching to merit plan, whereas the litigation rates in New Mexico dropped. Moreover, I find that adopting a merit plan significantly reduces the number of opinions written by the Supreme Court justices, though some exceptions exist. All together, I conclude that the switch in the selection method affects the behavior of both judges and litigants. The effects on the behavior of the judges are stronger than the impact on the behavior of potential litigants. The third chapter studies the behavior of publicly financed defenders in federal criminal cases. Public defender organizations represent the majority of state and federal criminal defendants. The empirical literature on the relative virtues of publicly financed lawyers and private lawyers is inconclusive. In this paper, I use data on federal criminal cases to examine the performance of publicly financed defenders. I find that publicly financed defenders, on average, spend less time on their cases and achieve worse outcomes for their clients, relative to private lawyers. But these results vanish when I examine each group of frequent offenses separately. Public defenders achieve better outcomes in terms of time and sentence length in simple cases. In complicated cases, public defenders lose their advantages, and their clients receive higher sentence time. Unlike the existing literature, I find that neither the public defender, nor the private lawyer has an absolute advantage. Several factors, including complication of cases, type of defendants, and workload of defenders, determine the results. These factors affect the results via their effect on the extent of asymmetric information between defenders, defenders, and prosecutors. (p. II-III).

Download Institutions   Public Law PDF
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Publisher : Peter Lang
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ISBN 10 : 0820474770
Pages : 324 pages
Rating : 4.4/5 (747 users)
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Download or read book Institutions Public Law written by Robert A. Kagan and published by Peter Lang. This book was released on 2005 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions & Public Law: Comparative Approaches is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.

Download Judicial Power in a Globalized World PDF
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Publisher : Springer Nature
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ISBN 10 : 9783030207441
Pages : 685 pages
Rating : 4.0/5 (32 users)
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Download or read book Judicial Power in a Globalized World written by Paulo Pinto de Albuquerque and published by Springer Nature. This book was released on 2019-08-21 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

Download Judicial Independence in Transition PDF
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Publisher : Springer Science & Business Media
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ISBN 10 : 9783642282997
Pages : 1378 pages
Rating : 4.6/5 (422 users)
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Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

Download The Judicial Function PDF
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Publisher : Springer Nature
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ISBN 10 : 9789813291157
Pages : 302 pages
Rating : 4.8/5 (132 users)
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Download or read book The Judicial Function written by Joe McIntyre and published by Springer Nature. This book was released on 2019-09-16 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.

Download Beyond Judicial Independence  The Construction of Judicial Power in Colombia PDF
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Publisher :
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ISBN 10 : OCLC:906280715
Pages : pages
Rating : 4.:/5 (96 users)
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Download or read book Beyond Judicial Independence The Construction of Judicial Power in Colombia written by David Evan Landau and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Colombia and beyond, focusing on the ways in which judiciaries are embedded into historical regime dynamics, and on the choices made by justices to carve out their own political space, can help to provide richer explanations for judicial behavior and more nuanced assessments of the effects of judicial activism.

Download Authoritarian Modernization in Russia PDF
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Publisher : Routledge
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ISBN 10 : 9781317177067
Pages : 214 pages
Rating : 4.3/5 (171 users)
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Download or read book Authoritarian Modernization in Russia written by Vladimir Gel'man and published by Routledge. This book was released on 2016-08-12 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-Communist Russia is an instance of the phenomenon of authoritarian modernization project, which is perceived as a set of policies intended to achieve a high level of economic development, while political freedoms remain beyond the current modernization agenda or are postponed to a distant future. Why did Russia (unlike many countries of post-Communist Europe) pursue authoritarian modernization after the Soviet collapse? What is the ideational agenda behind this project and why does it dominate Russia’s post-Communist political landscape? What are the mechanisms of political governance, which maintain this project and how have they adopted and absorbed various democratic institutions and practices? Why has this project brought such diverse results in various policy arenas, and why have the consequences of certain policies become so controversial? Why, despite so many controversies, shortcomings and flaws, has this project remained attractive in the eyes of a large proportion of the Russian elite and ordinary citizens? This volume intended to place some of these questions on the research agenda and propose several answers, encouraging further discussions about the logic and mechanisms of the authoritarian modernization project in post-Communist Russia and its effects on Russia’s politics, economy, and society.

Download The World Bank Legal Review  Volume 1  Law and Justice for Development PDF
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Publisher : BRILL
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ISBN 10 : 9789004503014
Pages : pages
Rating : 4.0/5 (45 users)
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Download or read book The World Bank Legal Review Volume 1 Law and Justice for Development written by World Bank and published by BRILL. This book was released on 2022-05-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Rule of Law Reform and Development PDF
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Publisher : Edward Elgar Publishing
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ISBN 10 : 9781848442979
Pages : 384 pages
Rating : 4.8/5 (484 users)
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Download or read book Rule of Law Reform and Development written by M. J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza

Download The World Bank Inspection Panel and Quasi judicial Oversight PDF
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Publisher : Eleven International Pub
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ISBN 10 : STANFORD:36105134499388
Pages : 367 pages
Rating : 4.F/5 ( users)
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Download or read book The World Bank Inspection Panel and Quasi judicial Oversight written by Andria Naudé Fourie and published by Eleven International Pub. This book was released on 2009 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank, which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems â?? the United States, the European Union, and post-Apartheid South Africa â?? to construct a conceptual model of judicial oversight that reflects the concept's nature, effect, and dynamics. The author employs this model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel's entire institutional lifespan. The author concludes that the nature, effect, and dynamics of judicial oversight â?? indeed, the "judicial spirit" â?? is more alive in this area of public international law than what might be expected. This book will be of interest to both constitutional and international lawyers, as well as legal practitioners and members of international civil society frequently engaging with international financial institutions such as the World Bank.

Download Judicial Independence at the Crossroads PDF
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Publisher : SAGE Publications
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ISBN 10 : 9781452262888
Pages : 304 pages
Rating : 4.4/5 (522 users)
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Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE Publications. This book was released on 2002-04-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars from the disciplines of law, political science, history, economics and sociology. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the conference.