Edinburgh University Press
Informality and Courts
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Edited by:
About this book
This volume explores an understudied aspect of courts: The extent to which informal institutions and relational networks (e.g., professional, clientelist, family etc.) relations affect how courts are organised and operate. For instance, to what extent can ‘good personal relations’ outweigh professional merits in judicial appointment processes? Or in what ways do international or domestic judicial networks help protect courts against other branches of power? Our relational-institutional perspective allows us to better understand a variety of important processes for the comparative study of courts – including judicial appointments, judicial decision-making, judicial administration, institutional development, inter-branch relations, corruption, and court reform, among others. More importantly, an emphasis on informality sheds new light on the accountability role of courts in democratic regimes, at a time when democracy worldwide is at risk and authoritarian regimes are on the rise. Bringing together the thoughts of scholars with different levels of seniority and disciplinary expertise, this volume offers cross-national engagement with theory, providing systematic analyses of the configuration, operation, and roles of informal institutions and relations, and their importance in different socio-political contexts and legal systems.
Topics
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Frontmatter
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Contents
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List of Illustrations
vii -
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Acknowledgements
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Notes on Contributors
x - Part I Theory, Concepts and Methods
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Chapter 1 Informality and Courts: Towards a Relational Perspective on Judicial Politics
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Chapter 2 Paradoxical Informalities? On the Mutual Logic of Informal Relationships and Institutions
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Chapter 3 Convergence of De Jure and De Facto Judicial Independence? The Role of Informal Institutions
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Chapter 4 The Ties that Bind: Perspectives on Judicial Loyalties
55 - Part II Political Relations
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Chapter 5 Pliant Courts, Recalcitrant Chiefs and Judicial Clientelism in Authoritarian Regimes
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Chapter 6 Informality and Judicial Decision-Making: The Role of Judge Networks in Southeast Asia
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Chapter 7 When Informal Ties with Political Leaders Protect Judges’ Fragile Independence: South Africa and Namibia after Apartheid
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Chapter 8 Judicial Resistance: The Shield and the Sword of Informality
135 - Part III Professional Relations
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Chapter 9 The Bar with the Bench: Informal Legal Networks and Judicial Behaviour in Pakistan
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Chapter 10 Education versus Experience? An Elite Legal Dynasty among Federal Judges in the United States
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Chapter 11 Argentina’s ‘Judicial Family’: Mapping Family Connections in the Argentine Provincial Federal Judiciary
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Chapter 12 Gender, Informality and Courts: Mapping Theoretical Approaches
211 - Part IV International Ties
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Chapter 13 Social Networks and Nonlegal Sanctions: Compliance with International Courts
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Chapter 14 Informality and Multi-level Judicial Appointment Processes in African Regional Courts
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Chapter 15 Disseminating Ideas and Influence Through Transnational Peer-Education
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Chapter 16 Good Intentions, Questionable Advice: Explaining Reform Networks’ Disappointing Results
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Index
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