Political Foundations of Judicial Independence in Dictatorship and - Democrac

Why do political actors tolerate courts able to check their power? This book argues that judicial independence as electorally-induced 'insurance' is about the risks of losing power, risks that are higher in autocratic regimes. Using a mixed-methods approach, it develops a theory of both de facto and de jure independence across regime type.

List of contents

• Introduction


• 1: The Expected Utility of Insurance


• 2: The Mechanisms of Insurance


• 3: Examining Insurance Across Regime Type


• 4: Integrating de jure Independence


• 5: Conclusion

About the author

Brad Epperly is Assistant Professor of Political Science at the University of South Carolina, where he has received the university's highest award for undergraduate teaching. His research on the rule of law appears in numerous journals, including Comparative Political Studies, Perspectives on Politics, and the Journal of Law and Courts.

Summary

Why do political actors tolerate courts able to check their power? This book argues that judicial independence as electorally-induced 'insurance' is about the risks of losing power, risks that are higher in autocratic regimes. Using a mixed-methods approach, it develops a theory of both de facto and de jure independence across regime type.

Additional text

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.

Product details

• Authors: Brad Epperly, Brad (Assistant Professor of Political Sc Epperly, Brad (Assistant Professor of Political Science Epperly
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 30.09.2019
• EAN: 9780198845027
• ISBN: 978-0-19-884502-7
• No. of pages: 218
• Subjects: Social sciences, law, business > Political science > Political science and political education; POLITICAL SCIENCE / Geopolitics, POLITICAL SCIENCE / Comparative Politics, LAW / Courts, Political science & theory, Political leaders & leadership, Political structures: democracy, Comparative Politics, Hungary, Political structures: totalitarianism and dictatorship, Political science and theory, Political leaders and leadership, Political structures: totalitarianism & dictatorship, Government powers, Judicial powers, Legal systems: judges and judicial powers