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This article traces the concept and practice of judicial independence and separation of governmental powers in Virginia from Independence to the present. It also discusses the method of judicial selection in Virginia
Persistent link: https://www.econbiz.de/10014055959
, the underlying issue has been about which structure better promotes the legitimacy of the judiciary. An institution has … judiciary in a democracy, since democracy implicitly assumes political elements to selection of all leaders (including judges …
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De jure judicial independence (JI) is the single most important predictor of de facto JI. In this paper, we describe under what conditions countries are likely to include JI in their constitutions. We describe and analyze both their original choice in this regard as well as change over time...
Persistent link: https://www.econbiz.de/10008758890
Who gets to determine rights and justice? Which mechanism of judicial selection and accountability is optimal? There is no easy answer. If judges are independent experts, nominated and evaluated by their peers, they will be immune from the pressures of electoral rent-seeking, but unaccountable...
Persistent link: https://www.econbiz.de/10013048640
Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least five out of the nine justices come to an agreement, their view prevails. But why is that the case? Majority voting for the Court is not spelled out in the Constitution, a federal...
Persistent link: https://www.econbiz.de/10013233949
This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...
Persistent link: https://www.econbiz.de/10010344321
This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...
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