1st Edition
Judicial Independence in Transitional Democracies
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 Lecturer in Law at the School of Law, University of Leicester, United Kingdom. Previously, he was a postdoctoral fellow of the Economic Social Research Council at the School of Law and Politics, Cardiff University, United Kingdom. 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, United Kingdom. From 2015-2021, she served the United Nations (UN) Human Rights Council as UN Special Rapporteur on the situation of human rights in Cambodia.
Moohyung Cho is 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.
