The Politics Of Judicial Reform

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Jodi S. Finkel examines judicial reforms leading to increased judicial independence and authority in three Latin American countries: Argentina, Mexico, and Peru.

This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.

Presents a novel theory explaining how and why politicians and lawyers politicise courts.

This book analyzes the politics of judicial selection in seven states from an interest group perspective. It is unique in that it offers a multi-state comparative study in a previously neglected field of political science. Champagne and Haydel and the contributors are scholars interested in state judicial reform and have tried to develop findings on single states into a book which allows the reader to examine developments and patterns of reform movements in several states. Rather than viewing judicial selection as a 'good government' issue, the book explores who gets what and how from selection politics. Contents: Introduction, Anthony Champagne and Judith Haydel; Judicial Reform in North Carolina, James Drennan; Judicial Reform in Ohio, John Felice, John Kilwein and Eliot Slotnick; Judicial Reform in Louisiana, Judith Haydel and Tom Ferrell; Judicial Reform in Texas, Anthony Champagne; Judicial Reform in Pennsylvania, Voorhees Dunn; Judicial Reform in California, John Culver and John Wold; Judicial Reform in Washington, David Burke; Conclusion, Anthony Champagne and Judith Haydel; Index.