Building an Independent Judiciary: Establishing Institutional Legitmacy in Developing Democracies

Persistent Link:
http://hdl.handle.net/10150/579014
Title:
Building an Independent Judiciary: Establishing Institutional Legitmacy in Developing Democracies
Author:
Drake, Nathaniel Stephen
Issue Date:
2015
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
This paper investigates the factors that contribute to the establishment of an independent judiciary that acts as an appropriate check on other branches of government in emerging democracies. First, the U.S. Supreme Court is studied as a successful case of establishing an independent judiciary to derive lessons that can be applied to present-day emerging courts. Based on a literature review, the perquisites for an independent judiciary are competitive and clean elections, the existence of multiple political parties, peaceful regime changes, public access to and knowledge of information related to the courts, and judges that serve lifetime appointments both by law and in practice. A successful court system will also need public and regime support. These lessons are then applied to the failed court system in Argentina, which has a constitution modeled after the U.S. Constitution. The failure of the Argentine Supreme Court to establish independence from the influence of other government actors is due primarily to fact that Argentine justices are removed via informal pressures with each regime change, despite Constitutional protections. Finally, this paper concludes that the fate of the emerging judiciaries around the world is mostly dependent on the actions of outside influences, especially the lay public.
Type:
text; Electronic Thesis
Degree Name:
B.A.
Degree Level:
bachelors
Degree Program:
Honors College; Political Science
Degree Grantor:
University of Arizona
Advisor:
Westerland, Chad

Full metadata record

DC FieldValue Language
dc.language.isoen_USen
dc.titleBuilding an Independent Judiciary: Establishing Institutional Legitmacy in Developing Democraciesen_US
dc.creatorDrake, Nathaniel Stephenen
dc.contributor.authorDrake, Nathaniel Stephenen
dc.date.issued2015en
dc.publisherThe University of Arizona.en
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en
dc.description.abstractThis paper investigates the factors that contribute to the establishment of an independent judiciary that acts as an appropriate check on other branches of government in emerging democracies. First, the U.S. Supreme Court is studied as a successful case of establishing an independent judiciary to derive lessons that can be applied to present-day emerging courts. Based on a literature review, the perquisites for an independent judiciary are competitive and clean elections, the existence of multiple political parties, peaceful regime changes, public access to and knowledge of information related to the courts, and judges that serve lifetime appointments both by law and in practice. A successful court system will also need public and regime support. These lessons are then applied to the failed court system in Argentina, which has a constitution modeled after the U.S. Constitution. The failure of the Argentine Supreme Court to establish independence from the influence of other government actors is due primarily to fact that Argentine justices are removed via informal pressures with each regime change, despite Constitutional protections. Finally, this paper concludes that the fate of the emerging judiciaries around the world is mostly dependent on the actions of outside influences, especially the lay public.en
dc.typetexten
dc.typeElectronic Thesisen
thesis.degree.nameB.A.en
thesis.degree.levelbachelorsen
thesis.degree.disciplineHonors Collegeen
thesis.degree.disciplinePolitical Scienceen
thesis.degree.grantorUniversity of Arizonaen
dc.contributor.advisorWesterland, Chaden
All Items in UA Campus Repository are protected by copyright, with all rights reserved, unless otherwise indicated.