Law & Policy最新文献_第2页

Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case 竞争性专制制度下的司法转型：土耳其案例的证据

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-07-08 DOI: 10.1111/lapo.12250

Berk Esen

{"title":"Judicial transformation in a competitive authoritarian regime: Evidence from the Turkish case","authors":"Berk Esen","doi":"10.1111/lapo.12250","DOIUrl":"10.1111/lapo.12250","url":null,"abstract":"What accounts for the variation in the judiciary's ability to serve as a democratic guardrail under populist rule? This article contends that populist governments use judicial activism against their political agenda to portray courts as institutions that curtail popular sovereignty and subsequently adopt a democratizing discourse to conceal their assault on the judiciary. Based on the Turkish case under the rule of the AKP (Justice and Development Party), it explores how the judiciary's democratic deficits provided a legitimation strategy for the ruling party's gradual capture of the courts. During its initial term, the right-wing populist AKP government faced staunch opposition from high courts aligned with the secular establishment. In response, it strategically used the Turkish Constitutional Court's counter-majoritarian decisions to legitimize its actions, paving the way for court-packing and other forms of judicial manipulation through a series of constitutional amendments. These changes set a dangerous precedent for future clashes with the judiciary, hastening the erosion of Turkish democracy and the subsequent shift toward a competitive authoritarian regime.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12250","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141571024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The light and the dark side of judicial resistance 司法抵抗的光明与黑暗面

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-06-09 DOI: 10.1111/lapo.12247

Katarína Šipulová

{"title":"The light and the dark side of judicial resistance","authors":"Katarína Šipulová","doi":"10.1111/lapo.12247","DOIUrl":"10.1111/lapo.12247","url":null,"abstract":"How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio-economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and suggests that the future scholarship should focus on three dimensions of judicial resistance. The first captures the variety of techniques available to judges who wish to avert, punish or invalidate an attack, whether they act individually or collectively and on-bench or off-bench. The second dimension zooms in on the motives for resistance, including the ability of judges to recognize an attack and see it as critical. It outlines factors that potentially form the cost-benefit analysis behind judges' decisions to resist. Finally, the third dimension prompts to look into the effects of resistance (the dark and the light side), it analyses the conformity of judicial resistance with or against the principle of the rule of law and suggest its repercussions on how the public trusts and understands the courts (long-term perspective).","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12247","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141367333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Courts, the state, and democratization in the United States 美国的法院、国家和民主化

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-25 DOI: 10.1111/lapo.12249

Robert C. Lieberman, Kory J. Gaines

引用次数: 0

Courts against backsliding: Lessons from Latin America 法院反对倒退：拉丁美洲的经验教训

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-24 DOI: 10.1111/lapo.12246

Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos

{"title":"Courts against backsliding: Lessons from Latin America","authors":"Laura Gamboa, Benjamín García-Holgado, Ezequiel González-Ocantos","doi":"10.1111/lapo.12246","DOIUrl":"10.1111/lapo.12246","url":null,"abstract":"The recent wave of autocratization in Latin America has put courts at the center of debates about regime and regime change. Much of the literature on the judicial politics of democratic backsliding focuses on incumbents' efforts to capture judiciaries and weaponize them against the regime. Our approach is different. We provide illustrations of independent courts in Argentina, Colombia and Mexico that successfully fought back when presidents pushed for reforms that jeopardized democratic stability. With the goal of furthering our knowledge of how judges can also complicate autocratization, the paper thus focuses on a type of horizontal accountability intervention that we refer to as “constitutional balancing.” We also shed light on the reasons why constitutional balancing is well-equipped to slow down or stop backsliding via a comparison with another type of horizontal accountability intervention: public administration policing. These interventions are increasingly common in Latin America, usually in the form of high-profile corruption prosecutions. Unlike constitutional balancing, however, public administration policing has proven highly disruptive, and ultimately unable to settle regime-threatening political conflict.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 4","pages":"358-379"},"PeriodicalIF":1.2,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12246","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141102399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Courts and democratic backsliding: A comparative perspective on the United States 法院与民主倒退：美国的比较视角

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-05-23 DOI: 10.1111/lapo.12248

Stephen Gardbaum

引用次数: 0

Court-hoarding: Another method of gaming judicial turnover 囤积法庭：博弈司法更替的另一种方法

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-24 DOI: 10.1111/lapo.12238

Patrick Leisure, David Kosař

{"title":"Court-hoarding: Another method of gaming judicial turnover","authors":"Patrick Leisure, David Kosař","doi":"10.1111/lapo.12238","DOIUrl":"10.1111/lapo.12238","url":null,"abstract":"While a slew of recent scholarship has examined the phenomenon of executive overstay, there is little talk about the more complex and equally vexing phenomena of judicial overstay. This article begins to examine the many layers and complexities of judicial overstay by exploring whether the political branches ever seek to prolong abusively the time in office of loyal judges, and if so, by what mechanisms. Illustrating this is not merely a theoretical practice, we label such a phenomenon court-hoarding, and consider it a subset of the broader category of judicial overstay. Our contribution is two-fold. First, we argue that while court-hoarding is a somewhat risky and less-known governance tactic that is likely to occur only when certain conditions are fulfilled, the potential benefits of court-hoarding for power consolidation and institutional monopoly power are profound. Second, we contribute to the emerging literature on judicial tenure. More specifically, we add conceptual utility to thinking about judicial tenure—and its abuse—by describing a three-layer model of court-hoarding, consisting of a core, a mid-layer, and a periphery, which correspond to three broad categories of influencing judicial tenure across time and space.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 4","pages":"328-348"},"PeriodicalIF":1.2,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12238","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140301074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“Culture and practice eat documents for lunch:” Norms and procedures in the 2020 election cases "文化和实践把文件当午餐："2020 年选举案例中的规范和程序

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-11 DOI: 10.1111/lapo.12241

Michael A. Dichio, Igor Logvinenko

{"title":"“Culture and practice eat documents for lunch:” Norms and procedures in the 2020 election cases","authors":"Michael A. Dichio, Igor Logvinenko","doi":"10.1111/lapo.12241","DOIUrl":"10.1111/lapo.12241","url":null,"abstract":"The US Supreme Court has been rightfully criticized for its role in contributing to the anti-democratic processes in the United States. However, the focus on the apex court overlooks the potential for the judiciary as a whole to support democratic institutions. In the aftermath of the 2020 US presidential election, a series of lawsuits contesting the results were filed in federal courts, overseen by judges appointed by presidents from both major parties. Despite the prevailing perception of courts as politically influenced, every one of these cases ruled against the former President Trump's claims. This research delves into the influence of judicial norms and legal profession culture, intertwined with specific procedural doctrines such as Article III standing and justiciability. The study contends that these procedural rules, deeply ingrained within the culture of the legal profession in the United States, served as a crucial mechanism upholding judicial independence. The analysis draws from the texts of the 2020 election-related court decisions and interviews with 17 legal experts, primarily consisting of federal and state Supreme Court judges.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 3","pages":"298-324"},"PeriodicalIF":1.2,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12241","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140116789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines 亚洲的法院和独裁民粹主义：印度尼西亚和菲律宾的思考

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-11 DOI: 10.1111/lapo.12240

Björn Dressel, Cristina Regina Bonoan

{"title":"Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines","authors":"Björn Dressel, Cristina Regina Bonoan","doi":"10.1111/lapo.12240","DOIUrl":"10.1111/lapo.12240","url":null,"abstract":"Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia's most important presidential regimes: the Philippines and Indonesia. In the Philippines, President Duterte (2016–2022) has shown unprecedented illiberal transgressions. Meanwhile in Indonesia, Joko Widodo's increasingly assertive presidency (2014–) has renewed concerns about “democratic backsliding” in what to date has been one of the region's most vibrant democracies. In both instances, courts have been largely muted in responding to these developments, raising concerns about their ability to counter democratic backsliding. A distinct political agenda targeting the courts through partisan control over parliament to pursue illiberal goals; undue presidential influence over judicial appointments reinforced by informal loyalty dynamics; and traditionally weak public support for the courts versus high executive popularity are critical drivers behind this trend. Nevertheless, the inherent fragility of competitive-clientelist regimes common to the region also offers courts the opportunity to recover and resist such efforts, especially in electoral democracies.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 3","pages":"277-297"},"PeriodicalIF":1.2,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12240","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140108318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legitimacy of parole as a consequence of policy shock: The lived experiences of incarcerated persons during the parole moratorium in Pennsylvania, U.S. 假释的合法性是政策冲击的结果：美国宾夕法尼亚州暂停假释期间被监禁者的生活经历。

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-07 DOI: 10.1111/lapo.12239

Yu-Heng Chen, E. Rely Vîlcică, Jeffrey T. Ward, Makayla Maynard, Cadee Eberhardt, Ajima Olaghere

引用次数: 0

From the rotting soil grows the poison ivy: The Supreme Court and the legitimation of Herrenvolk democracy 从腐烂的土壤中生长出毒藤：最高法院与 Herrenvolk 民主的合法化

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-02-25 DOI: 10.1111/lapo.12236

Julie Novkov

引用次数: 0