The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bil…
The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bil…
Building independent courts is a commitment by political leaders that they are willing to tie their hands, restrain their (often arbitrary) power, and respect judicial decisions even if the courts rule against them. But if political leaders are rational, why do they persist in t…
This dissertation discusses the topics of judicial independence and judicial accountability using the federal and state court systems of the United States as major examples since much of the work on judicial independence derives from the American experience. I define judicial in…
Constitutional stability is usually perceived as an invaluable asset in democratic regimes. Constitutional amendments become suspicious when they occur too often, particularly in countries newly engaged in the democratic process. This dissertation argues that recent constitution…
Judicial independence is critical to enforcement of separation of powers, effective protection of property rights, and the rule of law. It is also considered to be a primary means for political leaders to tie their own hands and to enhance the credibility of their policy commitm…
"In his important book Frans van Dijk changes the usual focus on rules of independence in European countries to the perceptions of independence. This book is a very relevant and timely wake-up call for judges and judicial councils alike. Should be a mandatory read for them all. …
The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite su…
Se habla de la independencia siempre que se quiere alabar o poner en cuestión el prestigio de un tribunal. El problema es que esa afirmación se suele hacer de una forma intuitiva e imprecisa, ignorando los aspectos que verdaderamente comprometen de forma directa la independencia…
