This is an Open Access book.
Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries.
The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy.
Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.
Author(s): Pablo Castillo-Ortiz
Series: SpringerBriefs in Law
Publisher: Springer
Year: 2023
Language: English
Pages: 102
City: Cham
Acknowledgements
Contents
1 Introduction. Democracy and Judicial Governance in Europe
1.1 Judicial Governance in Europe
1.2 What is ‘Judicial Governance’?
1.3 The Judicial Council Model
1.4 The Courts Service Model
1.5 The Ministry of Justice Model
1.6 Other Models and Other Aspects of Judicial Governance
1.7 Judicial Governance and Democratic Quality in Europe
1.8 The Debate on the Merits of Models of Judicial Governance and on their Relationship with Democracy
1.9 Judicial Governance and Democracy: Some Preliminary Analyses
1.10 Object and Aims of This Book
1.11 Structure of the Book
References
2 The Trade-Offs of Judicial Governance
2.1 Introduction
2.2 Independent or Accountable Organs for Judicial Governance
2.3 Powerful or Harmless Organs for Judicial Governance
2.4 A Typology of Institutions
2.5 Ideal Types and Practical Examples
2.5.1 Powerful and Formally Independent: The Hegemonic European Model
2.5.2 Independent and Managerial: The Standard Courts Service Model
2.5.3 Powerful but Politically Appointed: Politicized Judicial Councils
2.5.4 The Residual Type: Managerial and Politically Appointed
2.6 Powers, Independence, and Democratic Quality
2.7 Conclusion: Towards the Best Imperfect Model for Judicial Governance
References
3 Modernization, Democracy, and Judicial Governance
3.1 Introduction
3.2 The Political Origins of Organs for Judicial Governance
3.3 Modernization, Democracy, and Judicial Governance
3.4 Methods
3.5 Judicial Governance and Democratic Quality: A Statistical Approach
3.6 Conclusion
References
4 Independent Judicial Councils and Democratic Quality: A Set-Theoretical Approach
4.1 Introduction
4.2 Modernization, New Institutionalism, and the Role of Judiciaries in Democratic Quality. Theory and Configurational Hypotheses
4.3 Methods
4.4 Analysis of Necessary Conditions
4.5 Analyses of Sufficient Conditions
4.6 Conclusion
References
5 Conclusions and Some Policy Reflections
5.1 The Complex Relationship Between Judicial Governance and Democracy: Summary of Findings of This Research
5.2 Some Evidence-Based Policy Reflections
5.2.1 Ensuring Independent, Non-corrupt Judiciaries
5.2.2 The Judicial Council Model is not a Bad Arrangement after all …
5.2.3 … but Alternatives to the Judicial Council Model Should not be Discarded
5.3 ‘Then, are We Sure that We Understand the Relation Between Judicial Governance and Democracy’. Limitations of this Research and Future Research Challenges
5.3.1 Judicial Governance Beyond Democratic Quality
5.4 Judicial Governance Matters
References
Appendix A Classification and Justification of Models of Judicial Governance
Appendix B Database for Replication of Statistical Analyses
Appendix C QCA Data Matrix for Replication of Analyses
References
