1st Edition
Judicial Independence in Transitional Democracies
This book presents interdisciplinary and comparative analyses of judicial independence in transitional democracies across Asia, Latin America, Eastern Europe, the Middle East, and Africa. Although judicial empowerment and independence in transitional democracies have gained both academic and real-world prominence in recent decades, an ongoing debate persists regarding the nature, scope, and determinants of judicial independence in transitional settings. Some transitional democracies successfully develop democracy and the rule of law with the sustained growth of judicial independence, whereas others grapple with substantial challenges and move more towards authoritarianism. This book examines factors that drive de jure and de facto judicial independence in transitional democracies and evaluates their relationship. In doing so, it identifies challenges and opportunities associated with developing judicial independence in transitional democracies. At the intersection of political science and law, the work will be a valuable resource for academics, researchers, and policymakers in constitutional law, constitutional politics, and human rights law.
Introduction
Moohyung Cho, Nauman Reayat, Rhona K.M. Smith
Part I. De Facto Judicial Independence
1. Judicial Independence in Hybrid Regimes: A Comparison between Bangladesh and Pakistan
Nauman Reayat
2. Party System Institutionalization, Political Competition and Judicial Independence in Transitional Democracies: Evidence from South Korea and the Philippines
Moohyung Cho
3. Undermining Judicial Independence: Chief Justices and Political Alignment in Mexico's Judicial Politics
Mauro Arturo Rivera León
4. The Weakening Judicial Independence through the Transition from the Judicialization of Politics to the Politicisation of Judiciary: Turkish Case
Nurullah Gorgen
5. Independence and Autonomy – Means towards Ends: How Misconceived Independence Created an Isolated Judiciary in Slovakia
Peter Čuroš
6. Strengthening De Facto Judicial Independence in Cambodia: Articulating a Human Rights-based Approach
Rhona K.M. Smith
Part II. Theoretical and Conceptual Discussion
7. Judicial Independence and the Rule of Law in Developing Democracies
Venkat Iyer
8. The Role of the Separation of Powers in Preventing Arbitrariness
Sonia Cruz Dávila
Part III. De Jure Judicial Independence
9. The Judiciaries in Africa at Crossroads: Can they Counter the Wave of Authoritarian Resurgence?
Charles Fombad
10. Judicial Independence in the Asia Pacific Region from the Perspective of Comparative Judicial Politics
Jie Cheng
11. Judicial Independence in Iraq: Jurisdictional Conflicts between the Higher Judicial Council and the Federal Supreme Court
Majida Sanaan Ismael
12. Judicial Independence in Chile, 1973-2023
Hugo Rojas and Rafael Blanco
13. Constitutional Design as an Enabler of Peace: Colombia and its Constitutional Reform of 1991
Michelle A. Hughes
Conclusion: Challenges, Opportunities, and Recommendations for Judicial Independence in Transitional Democracies
Nauman Reayat, Moohyung Cho, Rhona K.M. Smith
Biography
Nauman Reayat is a Lecturer in Law at the School of Law, University of Leicester. Previously, he was a Postdoctoral Fellow of the Economic Social Research Council at the School of Law and Politics, Cardiff University. His research interests include comparative judicial politics, judicial independence and the rule of law in authoritarian states and developing democracies.
Rhona K. M. Smith is Professor of International Human Rights at Newcastle University, UK. From 2015-2021, she served the UN Human Rights Council as UN Special Rapporteur on Cambodia.
Moohyung Cho is an Assistant Professor in the Department of Political Science and International Relations at Ewha Womans University, South Korea. His research interests include comparative judicial politics, specifically judicial independence and the rule of law in authoritarian regimes and developing democracies.
