Judicial Responsibility and Coups d’État Judging Against Unconstitutional Usurpation of Power
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
"Judicial Responsibility and Coups d'État is the definitive study of a crucial issue faced by many courts around the world: how to grapple with unconstitutional changes in government. Written with great analytic clarity, the book ranges across a wide array of legal issues and regional contexts. Highly recommended!".
Tom Ginsburg, Faculty Director, Malyi Center for the Study of Institutional and Legal Integrity, Leo Spitz Distinguished Service Professor of International Law, Ludwig and Hilde Wolf Research Scholar, & Professor of Political Science, University of Chicago