Publication
Title
Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics
Author
Abstract
This paper conceptualizes the behavior of higher courts in the politics of former Soviet republics and attempts to set up a framework for the study of democratic contributions by post-Soviet constitutional courts. Although political expediency is noted to be the central driving force behind the judges decisions in politically sensitive cases, as courts are subject to different constraints from quasi-autocratic executives, it is argued that constitutional review tribunals are generally pro-democratic in their political orientation and that they can become the allies of pro-democratic parties in transitional periods of elite change. To support this proposition, this paper proceeds from a series of theoretical arguments to empirical observation of judicial behavior in times of political uncertainty, the latter being a perfect test for probing the political orientation of the courts.
Language
English
Source (journal)
Communist and post communist studies / University of California. - -, 1993, currens
Publication
2010
ISSN
0967-067X [print]
1873-6920 [online]
Volume/pages
43:4(2010), p. 409-423
ISI
000286353600008
Full text (Publisher's DOI)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 15.02.2011
Last edited 21.06.2017
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