Judges and Democratization

Judicial Independence in New Democracies

B. C. Smith (University of Dundee, UK.)

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English

Routledge
27 May 2024

Courts & procedure

Series: Democratization and Autocratization Studies

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part.

It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms.

This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

By: B. C. Smith (University of Dundee UK.)
Imprint: Routledge
Country of Publication: United Kingdom
Edition: 2nd edition
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781032369495
ISBN 10: 1032369493
Series: Democratization and Autocratization Studies
Pages: 292
Publication Date: 27 May 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Forthcoming

B. C. Smith is Emeritus Professor of Political Science, University of Dundee, UK.