Pathways to Judicial Power in Transitional States Perspectives from African Courts
Auteur : Ellett Rachel
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.
1. Introduction: African Courts in Comparative Perspective 2. Pathway to Judicial Empowerment 3. From Colonial Conception to Authoritarian Consolidation 4. Transition to Multipartyism 5. Second Multiparty Election 6. Democratic and Judicial Stagnation 7. Conclusion
Rachel Ellett is Assistant Professor of Political Science at Beloit College. She holds a PhD in Political Science from Northeastern University. Her research focuses on comparative judicial politics, regional courts, and the rule of law and democratization in commonwealth sub-Saharan Africa and the Caribbean.
Date de parution : 06-2015
15.6x23.4 cm
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 58,78 €
Ajouter au panierDate de parution : 04-2013
Ouvrage de 256 p.
15.6x23.4 cm
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 172,36 €
Ajouter au panierThèmes de Pathways to Judicial Power in Transitional States :
Mots-clés :
african; courts; detention; empowerment; independence; judiciary; law; preventive; society; ugandan; Judicial Empowerment; Judicial Service Commission; Chakufwa Chihana; Ugandan Judiciary; Civil Society; Preventive Detention; Judicial Independence; Multiparty Elections; Malawi's History; Principal Judge; Preventive Detention Laws; Kizza Besigye; Malawi Electoral Commission; Hybrid Regimes; Deputy Chief Justice; Judicial Power; Tanzanian Courts; Malawian Courts; UDF; Electoral Commission; MCP; Horizontal Accountability Mechanisms; Paul Ssemogerere; President Mutharika; Government Militia Group