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361. 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

362. 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

363. 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

364. 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

365. Political Finance Regulation in Guatemala: A Comparative Survey

Author:
Kevin Casas-Zamora
Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
As in most Latin American countries, the funding of political activities has only recently become a matter of serious concern in Guatemala. Long known for its chronic political instability, the country has limited experience in the observance of basic democratic practices such as regular and reasonably free and fair elections. Even today, the regulation of political finance remains under the shadow of other pressing and as yet unresolved political issues such as the extraordinary weakness of parties, the consistently high abstention rates and the practical disenfranchisement of the indigenous majority.
Topic:
International Relations, International Trade and Finance, and Political Economy
Political Geography:
South America, Latin America, and Guatemala

366. Ensuring Equal Rights in the Elections Process

Author:
Marcin Walecki
Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The collapse of the Soviet Union marked a fourth wave of regime change – to democracy and autocracy. The only certain outcome of this transition is the abandonment of Communism, and not, as expected, the ultimate establishment of the liberal democracy. Most of the post-Communist states are still hybrids, mixed polities or consolidated autocracies - only some can be classified as consolidated democracies.
Topic:
International Relations, Communism, and Democratization
Political Geography:
Russia

367. The Cost of Resolving Small Business Conflicts: The Case of Peru

Author:
Keith Henderson and Alvaro Herrero
Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The goal of this study is to analyze the impact of judicial inefficiency on small businesses in Peru. It is based on the hypothesis that chronic problems in the region's judicial systems have negative consequences on the development of micro, small and medium - sized businesses. Our analysis focuses, first, on the relationship between Small and Medium Enterprises (SMEs) and the legal system. Secondly, it investigates the decisions made by SMEs to mitigate the effects of bad court performance. Lastly, it identifies several ways in which judicial inefficiency is transferred to the business sector. The analysis also attempts to quantify the economic impact of judicial inefficiency.
Topic:
International Relations and Development
Political Geography:
Middle East, South America, and Peru

368. Administration and Cost of Elections (ACE) Project. The User's Guide to the ACE Project Electronic Resources

Publication Date:
12-2002
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The political dimensions - the issues, the positioning of parties and candidates, and the results - garner the most media attention and public discussion during an election campaign. Overshadowed, but no less important, however, is the “behind-the-scenes-work” of those ensuring the electoral process comes about without a hitch. If the election goes smoothly, the administration will hardly be noticed. If it does not, accusations of disenfranchisement, manipulation, or malpractice may result, possibly jeopardising the legitimacy and the results of the electoral event.
Topic:
Education, Government, and Politics

369. Political Parties in Tajikistan

Author:
Saodat Olimova and Anthony Bowyer
Publication Date:
11-2002
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The main events that took place in Tajikistan in the first few years after independence was attained were characterized by the two diverse processes: the crises in the old political system and its consequent collapse, and the development of a new political system.The political development of sovereign Tajikistan was strongly influenced by Soviet political traditions and the stereotypes of political conduct that formed during the Soviet Union. The bipolarization of political forces at the end of the 1980s and the beginning of the 1990s in the USSR did not stimulate the formation of democratic alternatives in political behavior, and in fact limited political choices to the rigid dichotomy of “democracy – anti-democracy,” both for the electorate and the political elites, which eventually led to the breakout of civil war in Tajikistan. The complexity of the situation in Tajikistan was that the elites were just as divided and diverse as the Tajik demographic composition itself, consisting of various ethno-cultural sub-ethnic and ethno-regional groups. Immediately after independence was attained, regional elites of diverse ideological and foreign policy orientations began scrambling for power in the new sovereign state. In 1992-1993 the conflict exploded into a civil war led by two main conflicting camps – the National Front and the United Tajik Opposition (UTO) (a coalition of opposition parties).During the conflict a significant shift of elites took place, as the previously governing elite of Soviet times from Soghd (formerly Leninabad) Oblast in northern Tajikistan was removed from power. The Kulyab regional elite ascended to power, and played the main role during the war in pushing out other regional elites to the periphery of power.Â
Topic:
Democratization and Government
Political Geography:
Eastern Europe

370. Election Law Compendium of Central and Eastern Europe

Publication Date:
08-2002
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The objective of this work is to provide a comprehensive collection of the election laws of developing democracies in Central and Eastern Europe. The editor is all too conscious of the difficulty in keeping abreast of the dynamic and vast changes in democratic processes taking place in this area of the world, as reflected in the ever-changing bodies of law governing the conduct of elections.
Topic:
Democratization and Government
Political Geography:
Europe and Eastern Europe