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Rule By Law: The Politics of Courts in Authoritarian Regimes

Edited by: Tom Ginsburg, Tamir Moustafa

ISBN13: 9780521720410
Published: July 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £28.99
Hardback edition out of print, ISBN13 9780521895903

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Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries.

This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens.

Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

  • Shows the important political roles that courts play around the world
  • Features many of the leading scholars in comparative judicial politics
  • A very diverse set of case studies, drawing on countries from China to Chile

Constitutional and Administrative Law
1. Introduction
Tom Ginsburg and Tamir Moustafa
2. Of judges and generals: security courts under authoritarian regimes in Argentina, Brazil, and Chile
Anthony Pereira
3. Administrative law and judicial control of agents in authoritarian regimes
Tom Ginsburg
4. Singapore: the exception that proves rules matter
Gordon Silverstein
5. Judicial independence in authoritarian regimes: insights from Chile
Lisa Hilbink
6. Law and resistance in authoritarian states: the Egyptian case
Tamir Moustafa and Simon Fraser
7. Courts out of context: the authoritarian sources of judicial failure in Chile (1973–1990) and Argentina (1976–1983)
Robert Barros
8. An authoritarian enclave? The supreme court in Mexico’s emerging democracy
Beatriz Magaloni
9. The institutional diffusion of courts in China: evidence from survey data
Pierre Landry
10. Building judicial independence in semi-democracies: Uganda and Tanzania J
ennifer Widner
11. Judicial power in authoritarian states: the Russian experience
Peter Solomon
12. Courts in a semi-democratic/authoritarian regime: the judicialization of Turkish and Iranian politics
Hootan Shambayati
13. Judicial systems and economic development
Hilton Root and Karen May
14. Courts in authoritarian regimes
Martin Shapiro.