Judges and Democratization: Judicial Independence in New Democracies(Democratization and Autocratization Studies)

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is 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 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. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such 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 text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.

Table of Contents:
1. The Rule of Law and Democracy Introduction The Rule of Law and Public Policy The Principles of the Rule of Law The Rule of Law and Democracy Trends in the Rule of Law The Rule of Law and Democratic Consolidation Democratic Constitutions and the Rule of Law The rule of Law and Social Inequality 2. The Rule of Law and Judicial Independence Introduction Impartiality Insularity Exclusive Competence Compliance Judicial Independence and Democracy 3. Undermining Judicial Independence Introduction Powers of Appointment to the Judiciary Control of the Judge’s Career Appointments to Judicial Councils Resources Intimidation Limiting the Scope of Judicial Review Exceptional Courts Steering the Judiciary Non-enforcement 4. Judicial Bias Introduction Biased Proceedings Inefficiency Biased Judges Corruption Causes of Judicial Corruption 5. Judicial Reform Introduction Political Competition Civil Society Legislative Scrutiny Intimidation The Scope of Judicial Review Exceptional Courts Enforcing Judgements 6. Reforming Judicial Behaviour Introduction Judicial Capacity Efficient Judges Unbiased Judges Honest Judges The Politics of Judicial Reform 7. Judicial Management Introduction Judicial Self-management The Executive Model of Management The Role of Legislatures 8. Judicial Activism Introduction Judicial Power Abstract Constitutional Review Constitutional Amendment Testing the Legality of Policy Decisions Testing the Constitutionality of the Political Process Judicial Review of Administrative Action Executive Suppression of Judicial Independence Judicial Activism and Democracy 9. Judicial Accountability Introduction Demands for Judicial Accountability The Concept of Accountability Accountability for Policy Review Accountability through Self-Management Accountability for Corruption Accountability for Bias Accountability for Ineffectiveness Accountability for Impeded Access to Justice Elected Judges Transparency 10. Conclusion: The Dilemma of Judicial Independence Introduction The Struggle for Judicial Independence Judicial Reform A Universal Rule of Law Independence and Accountability The Rule of Law’s Fragility

About the Author :
B. C. Smith is Emeritus Professor of Political Science and Social Policy, University of Dundee, UK.