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Begin New Search Publishing Institution Academy of Political Science Author Sandra Elena

1. Global Best Practices: Judicial Councils: Lessons Learned from Europe and Latin America

Author:
Sandra Elena and Violaine Autheman
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
International and regional human rights treaties recognize the right to a fair trial by an independent tribunal in the determination of rights and obligations in civil, commercial and administrative matters and in the determination of criminal charges. The right to a fair trial and its core components, including the “reasonable time” requirement and the principle of judicial independence, is now universally accepted. Building upon the declarations of principle of legally binding conventions, international and regional expert guidelines and principles have aimed at fleshing out the specific elements of judicial independence. In addition, international and regional human rights courts and commissions have interpreted the provisions of human rights treaties and shed some light on the minimum standards and components of the right to a fair trial and judicial independence.
Topic:
International Relations, Human Rights, and International Law
Political Geography:
Europe and Latin America

2. Global Best Practices: Constitutional Courts, Judicial Independance and the Rule of Law

Author:
Sandra Elena and Procop Buruiana
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
This paper is a cursory survey of the global landscape of Constitutional Courts and Tribunals with constitutional review powers from the perspective of international, regional and national principles on judicial independence and accountability, integrity and democratic development. In many transition and developing countries, academics, legal practitioners, human rights groups and others believe that this relatively new democratic institution has played a positive role in promoting a Rule of Law culture. Clearly, this is a potentially strong democratic institution that needs more attention and support from donors, civil society and national government.
Topic:
International Relations, Civil Society, International Law, and Regional Cooperation

3. Global Best Practices: Income and Asset Disclosure Requirement for Judges: Lessons Learned from Eastern Europe and Latin America

Author:
Keith Henderson, Sandra Elena, and Procop Buruiana
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
In recent years, countries around the world have signed on to various governmental and non- governmental international and regional instruments designed to fight corruption at all levels of the State. Income and asset disclosure laws and policies have emerged as important mechanisms to promote probity and accountability in the fight against corruption. While these requirements were first imposed on the executive branch, they now are accepted as applying to members of the legislative and judicial branches as well. Income and asset disclosure, if properly designed and effectively applied, can also be an invaluable tool to strengthen judicial accountability, judicial independence and public trust in the judiciary and the Rule of Law. This paper provides a comparative overview of financial transparency for judges by testing the legal framework and practice in six Eastern European and Latin American countries against a set of core international best practices that have recently emerged.
Topic:
International Relations and Regional Cooperation
Political Geography:
Eastern Europe, South America, and Latin America

4. Regional Best Practices: Enforcement of Court Judgements: Lessons Learned from Latin America

Author:
Keith Henderson, Sandra Elena, Violaine Autheman, and Angana Shah
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
Only recently has a general global consensus emerged among development specialists that the successful, fair and effective enforcement of court judgments, both those against private parties in commercial transactions as well as those against State agencies or officials, is of critical importance to developing a Rule of Law culture and judicial independence. There is also a growing body of international jurisprudence that requires countries, under their international and regional human rights treaty obligations, as well as their own constitution, to enforce court judgments fairly and effectively and to support the independence of the judiciary. Likewise, court decisions in various countries are also beginning to articulate and enforce these closely related legal rights.
Topic:
International Relations, International Law, and Regional Cooperation
Political Geography:
South America and Latin America