Politicized Justice in Emerging Democracies : A Study of Courts in Russia and Ukraine
by
Maria Popova
Book Details
Format
Paperback / Softback
ISBN-10
1107694035
ISBN-13
9781107694033
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Mar 6th, 2014
Print length
210 Pages
Weight
29 grams
Dimensions
15.40 x 22.90 x 1.70 cms
Product Classification:
Comparative law
Ksh 7,900.00
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This book proposes a strategic pressure theory that argues that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Using data from Russia and Ukraine in 1998–2004, the author finds that independent courts did not exist in either country.
Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
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