Assessing Judicial Empowerment

Thomas Keck (2018)

Keck, Thomas M "Assessing Judicial Empowerment" in Laws 7:2 (2018) p. 1-17

Drawing on an ongoing international data collection effort, our affiliate Thomas Keck examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a universally recognized fundamental right, and it is a right that […]

Manipulating Courts in New Democracies

Andrea Castagnola (2017)

Release date: September 29th, 2017 When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina’s National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing […]

Judicial Politics in Mexico. The Supreme Court and the Transition to Democracy

Andrea Castagnola and Saul Lopez Noriega (eds.) (2016)

Andrea Castagnola, Steering Committee Member and Coordinator of Judicial Independence Unit, have together with Saul Lopez Noriega edited the book “Judicial Politics in Mexico. The Supreme Court and the Transition to Democracy” (Routledge). After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to […]

The Child’s Opinion and Position in Care Order Proceedings

Marit Skivenes (UiB) and Anne-Mette Magnussen (HiB) (2015)

International Journal of Children's Rights

Marit Skivenes has together with Anne-Mette Magnussen published an article on “The Child’s Opinion and Position in Care Order Proceedings: An Analysis of Judicial Discretion in the County Boards’ Decision-Making” in the International Journal of Children’s Rights. This paper examines whether, and in what way, the child participates in care order decisions heard by the […]

Courts, Corruption and Judicial Independence

Siri Gloppen (2014)

in Tina Søreide, Aled Williams: Corruption, Grabbing and Development: Real World Challenges . Cheltenham and Northampton (MA), Edward Elgar Publishing

A well-functioning justice system is crucial to address corruption effectively, which in turn is important for development. But judicial institutions are themselves corruptible. Surveys show that experiences with and perceptions of corruption in the courts are widespread (Afrobarometer, 2010; Latinobarometer, 2010; Eurobarometer, 2011; TI, 2011; GCR, 2012: 303; World Justice Project, 2012). In its 2011 […]

Courts & Power in Latin America & Africa

Siri Gloppen, Bruce M. Wilson, Roberto Gargarella, Elin Skaar, and Morten Kinander (2010)

New York: Palgrave Macmillan 231 p.

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others?  And, why do some courts remain very timid while others—under seemingly similar circumstances—become “hyper-active”? These are questions of central theoretical and practical importance in a context of increasing juridification of politics in many parts of the world, combined […]

Courts & Social Transformation

Roberto Gargarella, Pilar Domingo and Theunis Roux, editors (2006)

Aldershot/Burlington: Ashgate 311 p

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rightsd litigation in post-authoriatarian regimes or in the context of fragile state control, the contributors assess the […]