politicized justice in emerging democracies a study of courts in russia and ukraine

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Politicized Justice In Emerging Democracies

Author : Maria Popova
ISBN : 9781107014893
Genre : Law
File Size : 27. 60 MB
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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.

Judging Russia

Author : Alexei Trochev
ISBN : 9781139471107
Genre : Law
File Size : 52. 37 MB
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This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.

Crafting Courts In New Democracies

Author : Matthew Ingram
ISBN : 9781107117327
Genre : Law
File Size : 69. 54 MB
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This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.

Constitutional Crisis In The European Constitutional Area

Author : Armin von Bogdandy
ISBN : 9781782253334
Genre : Law
File Size : 47. 66 MB
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The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Judicial Review In New Democracies

Author : Tom Ginsburg
ISBN : 0521520398
Genre : Law
File Size : 72. 54 MB
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This book examines three countries in Asia to determine why new democracies adopt judicial review.

Imperial Gamble

Author : Marvin Kalb
ISBN : 9780815726654
Genre : Political Science
File Size : 46. 4 MB
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Marvin Kalb traces how the Crimea of Catherine the Great became a global tinder box. The world was stunned when Vladimir Putin invaded and seized Crimea in March 2014. In the weeks that followed, pro-Russian rebels staged uprisings in southeastern Ukraine. The United States and its Western allies immediately imposed strict sanctions on Russia and whenever possible tried to isolate it diplomatically. This sharp deterioration in East-West relations has raised basic questions about Putin's provocative policies and the future of Russia and Ukraine. Marvin Kalb, who wrote commentaries for Edward R. Murrow before becoming CBS News' Moscow bureau chief in the late 1950's, and who also served as a translator and junior press officer at the US Embassy in Moscow, argues that, contrary to conventional wisdom, Putin did not "suddenly" decide to invade Crimea. He had been waiting for the right moment ever since disgruntled Ukrainians rose in revolt against his pro-Russian regime in Kiev's Maidan Square. These demonstrations led Putin to conclude that Ukraine's opposition constituted an existential threat to Russia. Imperial Gamble examines how Putin reached that conclusion by taking a critical look at the recent political history of post-Soviet Russia. It also journeys deep into Russian and Ukrainian history to explain what keeps them together and yet at the same time drives them apart. Kalb believes that the post-cold war world hangs today on the resolution of the Ukraine crisis. So long as it is treated as a problem to be resolved by Russia, on the one side, and the United States and Europe, on the other, it will remain a danger zone with global consequences. The only sensible solution lies in both Russia and Ukraine recognizing that their futures are irrevocably linked by geography, power, politics, and the history that Kalb brings to life in Imperial Gamble.

The Endtimes Of Human Rights

Author : Stephen Hopgood
ISBN : 1501700669
Genre : Political Science
File Size : 82. 84 MB
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"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

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