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The Political Foundations of Judicial Independence
In Dictatorship and Democracy
By: Brad Epperly
Hardcover | 10 October 2019
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evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 "constitutional coup," and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.
Industry Reviews
One of our best young scholars of law and courts has produced a superb account of judicial independence in both democracies and autocracies. Methodologically rigorous and tightly argued, this is an essential contribution to our understanding of the politics of judicial empowerment. * Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, University of Chicago *
Brad Epperly's book encourages us to rethink political science's central theory of judicial independence. By carefully analyzing both the logical and empirical foundations of the insurance model of judicial independence, Epperly provides a number of fresh insights into the conditions under which dictators and democrats opt for judicial independence. Most importantly, Epperly's argument highlights how the stakes of leaving office shape leaders' preferences for judicial independence and thus illuminates the seeming paradox of why dictators facing competitive elections are especially prone to insulate their judiciaries. This book should become standard reading for anyone interested in comparative courts and autocratic institutions. * Gretchen Helmke, Professor of Political Science, University of Rochester *
Perceptions that leaders will step down after losing elections is broadly understood to be a key driver of judicial independence. Judicial independence is thus a feature of democracy. Brad Epperly's account suggests that authoritarian leaders also construct independent courts when they perceive increases in political competition. Epperly's work brings together careful theorizing, rigorous empirical analysis and attention to particular cases to offer a novel and provocative account of the political origins of judicial independence. * Jeffrey Staton, Professor of Political Science, Director of the Center for the Study of Law, Politics, and Economics, Emory University *
Professor Epperly examines and expands insurance theory in a new and novel way by proposing that the level of electoral competition conditions the propositions derived from insurance theory in both democratic and authoritarian regimes... This book is important for bridging the divide between the findings of quantitative studies and the finding of qualitative case studies of judicial independence. Professor Epperly's book is an important contribution to comparative judicial politics, comparative institutionalism, international legal studies, and international relations research, as well as of great relevance for students of neo-authoritarian research. * Lee Walker, Associate Professor of Political Science, University of North Texas *
ISBN: 9780198845027
ISBN-10: 0198845022
Published: 10th October 2019
Format: Hardcover
Language: English
Number of Pages: 218
Audience: Professional and Scholarly
Publisher: Oxford University Press UK
Country of Publication: GB
Dimensions (cm): 23.8 x 16.5 x 1.8
Weight (kg): 0.48
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This product is categorised by
- Non-FictionPolitics & GovernmentPolitical Science & Theory
- Non-FictionLawLaws of Specific JurisdictionsConstitutional & Administrative LawGovernment Powers
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesPolitical Structures & Democracy
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesPolitical Leaders & Leadership
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesPolitical Structures & Totalitarianism & Dictatorship
- Non-FictionPolitics & GovernmentComparative Politics
- Non-FictionLawLaws of Specific JurisdictionsLegal System in GeneralCourts & ProcedureJudicial Powers
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesConstitution & The Government & The State
- Non-FictionPolitics & GovernmentInternational RelationsGeopolitics
- Non-FictionPolitics & Government