In recent years the creeping deterioration of democratic rule worldwide has become a major preoccupation across a wide range of research fields and disciplines—especially public law and political science—as scholars struggle to understand the nature of evolving threats to a broad range of democratic systems. Many terms are now used to refer to the incremental degradation of democratic rule worldwide, or ‘democratic decay’. Abusive constitutionalism. Autocratic legalism. Populist constitutionalism. Bad faith constitutionalism. De-constitutionalism. Constitutional retrogression. Constitutional capture. Constitutional rot. Constitutional decay. Democratic deconsolidation. Democratic backsliding. Authoritarianisation. Authoritarian backsliding. Rule of law backsliding. Democratic erosion. Democratic recession. The list goes on. This article argues that conceiving of this scattered cross-disciplinary literature as a research field and providing an account of recent conceptual development can help to map a rapidly developing landscape, maximise the analytical utility of key concepts, identify resonances and duplication among concepts and across discrete literatures, and can help to ensure that this emerging quasi-field develops in a more coherent and rigorous manner.

Democratic Decay: Conceptualising an Emerging Research Field

http://ijil.ui.ac.id/index.php/home/article/download/556/pdf_441

How International Law Works: A Rational Choice Theory

The LM case offered first proof of the expected disruptions to judicial cooperation between EU Member States and Poland due to its controversial judicial reforms. The case concerned a man accused of drug trafficking who had subsequently fled to Ireland. A Polish court issued a European Arrest Warrant for Mr LM for the purpose of conducting a criminal prosecution. The Irish High Court, which was to decide on the surrender of Mr LM to Poland, doubted the ability of Polish courts to ensure a fair trial. It relied most of all on the Commission’s reasoned proposal, submitted to the Council under Article 7(1) TEU, to state a clear risk of a serious breach by Poland of the rule of law. Hence, it made a preliminary reference to the Court of Justice asking whether cogent evidence of systemic breaches to judicial independence in a Member State issuing an European Arrest Warrant provided sufficient grounds to refuse its execution. The Court of Justice, however, held fast to its earlier approach, as laid out in Aranyosi and Căldăraru, aimed at limiting exceptions to the principle of mutual recognition. It stated that it was also necessary to consider the individual situation of the person sought by the

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/225CA373F5609A7C4FC3806A80B0AAE3/S1574019618000457a.pdf/div-class-title-who-is-afraid-of-the-european-council-the-court-of-justice-s-cautious-approach-to-the-independence-of-domestic-judges-div.pdf

Who is Afraid of the European Council? The Court of Justice’s Cautious Approach to the Independence of Domestic Judges: ECJ 25 July 2018, Case C-216/18 PPU, The Minister for Justice and Equality v LM

http://umu.diva-portal.org/smash/get/diva2:1375513/FULLTEXT01

“Forest property rights under attack” : Actors, networks and claims about forest ownership in the Swedish press 2014–2017

Required a wonderful e-book? politicized justice in emerging democracies a study of courts in russia and ukraine by , the very best one! Wan na get it? Discover this excellent e-book by here currently. Download and install or read online is readily available. Why we are the most effective site for downloading this politicized justice in emerging democracies a study of courts in russia and ukraine Naturally, you could select guide in different report kinds and also media. Look for ppt, txt, pdf, word, rar, zip, and kindle? Why not? Get them below, now! Whatever our proffesion, politicized justice in emerging democracies a study of courts in russia and ukraine can be great resource for reading. Locate the existing reports of word, txt, kindle, ppt, zip, pdf, as well as rar in this site. You could absolutely read online or download this publication by right here. Now, never miss it.

/pdf/politicized-justice-in-emerging-democracies-a-study-of-2dwcbof8r3.pdf

Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine

The rise of abusive constitutionalism in Central and Eastern Europe (CEE) has hit the domestic judiciaries particularly hard. Viktor Orban expanded the size of the Constitutional Court and then packed it, made sure that he can install a new president of the Constitutional Court, ousted the Supreme Court president through a constitutional amendment, disempowered the existing judicial council and created the new institution with power over ordinary judicial appointments. Jaroslav Kaczynski followed the same playbook in Poland. While most scholars have focused primarily on effects of abusive constitutionalism upon the constitutional courts, we argue that the keys to the long-term control of the judiciary are presidents of ordinary courts and judicial councils . The dismissal of the Hungarian Supreme Court President is a perfect example of this logic—by this move Orban got rid of the most important court president in the country, the head of the Hungarian judicial council and his most vocal critic. Yet, Andras Baka lodged an application to the ECtHR and won. This article analyses the Grand Chamber judgment in Baka v. Hungary, its implication for the rule of law, and the limits of what the ECtHR can achieve against abusive constitutionalism. It concludes that the Grand Chamber failed on all key fronts. It overlooked the main structural problem behind Mr. Baka’s dismissal (the broad powers of court presidents in CEE), it has blurred the Convention’s understanding of the concept of the rule of law, and it failed in delivering a persuasive judgment firmly based on the existing ECtHR’s case law .

/pdf/the-strasbourg-court-meets-abusive-constitutionalism-baka-v-2qienp22yk.pdf

The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law

The Supreme Administrative Court

Whether we like it or not, court-packing has flourished all over the world. Bolivian, Hungarian, Polish, and Turkish as well as Venezuelan political leaders have recently employed various strategies to stack their courts with loyal judges. Even in consolidated democracies, such as the United States, the possibility of court-packing is discussed with an intensity unheard of for several decades. Yet, our conceptual understanding of the phenomenon is still very limited. This article provides a novel conceptualization of court-packing and identifies three court-packing strategies: (1) the expanding strategy, which includes techniques that increase the size of the court; (2) the emptying strategy, which results in a decrease in the number of sitting judges; and (3) the swapping strategy, which aims at replacing sitting judges. Subsequently, it analyzes the potential safeguards, both formal and informal, against court-packing strategies and shows that formal institutions are rarely enough to fend off court-packing attempts.

How to Fight Court-Packing?

Judicial councils are often presented as a panacea for many disorders of judicial systems, including low public confidence in the judiciary. Nevertheless, the assessment of their impact has so far been neglected. The article offers a unique view on the relationship between judicial councils and the level of public confidence in courts. It draws a novel conceptual map of factors influencing public confidence in the judiciary, stressing its complex and multifaceted character. Situating the judicial councils on the map, it explores how they can help to potentially increase the level of public confidence in the judiciary, and assesses to what extent this has been true in the countries that have adopted them. The results reveal a considerable gap between the promises, expectations, and practice, and raise doubts about the ability of judicial councils to enhance confidence in courts. Judicial councils rarely manage to substantially improve institutional performance: they can enhance the quality of judicial systems which have already functioned quite well, but they do not tend to bring about change in the judicial systems that have been previously significantly flawed. The analysis of the longitudinal Eurobarometer data showed that, on average, the EU countries without judicial councils are better off in terms of public confidence. Although the existence of judicial councils does not make a difference regarding public confidence in the judiciary in the new EU member states, in the old EU member states, judicial systems with judicial councils enjoy lower levels of public confidence than the ones without them.

/pdf/failed-expectations-does-the-establishment-of-judicial-2lmllw60r0.pdf

Failed Expectations: Does the Establishment of Judicial Councils Enhance Confidence in Courts?

The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes.
The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.

Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance

Handle everyday research tasks with reliable, citation-backed results

Your personal Research Agent to handle research tasks with citation-backed results

Popular Tasks used by Researchers

How can I help with your research?

Meet SciSpace

Get more enhanced response by uploading the PDFs you want me to reference.

No relevant PDFs in your library

SciSpace is the AI research assistant for academics. Run systematic literature reviews on 280M+ papers, and write papers with cited sources. Trusted by 1M+ students, PhDs & researchers.

SciSpace | AI for Research

Analyze PDFs

Code & Manuscripts

Funding & Grants

Literature & Patents

Medical & Clinical Data

Systematic Review

Visualize & Present

Web & Data

Build a Google Scholar-like website for your research.

Build a website

Create charts and images for your research

Create a Chart

Write a paper for submission to a journal

Draft a manuscript

Patent Search

Design eye-catching scientific posters in minutes.

Scientific Poster Generation

Systematic Literature Review

One task is running at the moment. Your messages will be shown right after.

Drag and drop or click here to browse

Loved by <highlight>1 million+</highlight> researchers

Extract a list of specific topics and their sources from unstructured text

Topics

Compare and analyze relevant papers that matches with your search

Papers

Get insights from PDFs and bookmarked papers from your library

My library

Recent searches

Try searching for:

Catch AI-generated content in scholarly and non-scholarly content

{ai} Detector

Ai Writer

Get PDF Summaries, highlighted text explanations 

Chat with PDF

Effortlessly create in-text citations and bibliographies in APA and 2,500 other formats

Citation generator

Get explanations, summaries, and answers on academic papers

Ease up your research workflow with {scispace}'s cohort of exciting AI tools

Elevate your academic writing skills and convey your ideas the way you want

Paraphraser

Explore our range of reading and writing tools

Your file is being prepared and should be ready in a few minutes. If it's a large file, it might take a bit longer. You can close this window, and we'll email you the file when it's done.

You have reached a maximum limit of <strong>{limit}</strong> columns in the table. Remove at least <strong>1</strong> column to add or create another one.

Katarína Šipulová

Author Tools

Chat about Author