Independent Judiciary Research Articles

The potential impact of Loper v. Raimondo decision removing agency deference on natural resource management

The recent Supreme Court decision in Loper v Raimondo overturned the long-standing Court ruling establishing novel legal precedents referred to as “Chevron deference,” which compels the Court to allow for broad authority to U.S. administrative agencies deference in the interpretation of statutes and regulations. Members of the Court, critical of the prior rule, state that this deference held by agencies grants them a power not authorized by the Administrative Procedures Act or the Constitution, that being the power to interpret the law by defining their meaning where the document’s drafting was unclear. Thus reducing authority by an independent judiciary. Critics of the current decision argue that it diminishes the use of technological expertise held by the agencies in interpreting laws. Opponents counter that the decision restores the courts expertise in engaging in the various methods necessary to perform the statutory review, up to and including agency science and interpretation as part of their decision process, without exclusively relying on the agency interpretation as the only permissible one, which is argued to be a more balanced approach. It is hoped that the Loper decision will reduce the potential to abuse deference as they may push interpretations beyond the legislature’s goals or fail to interpret vague legislative language appropriately. Furthermore, legislatures may be encouraged to develop statutes that guide agencies that align with the electorate’s views and provide the predictability to support business development.

Migrant Rights Protections and Their Implementation in 45 Countries

To what extent do national governments protect the human rights of migrants, and what are the political and economic circumstances associated with more robust protection? To address these questions, we leverage a rigorous, novel database of migrant rights derived from international laws and standards. We evaluate the extent to which 64 indicators—divided into 17 different categories of migrant rights—appear in national statute and case law in 45 of the world's principal destination states. We find that 61% of the indicators of migrant rights in the Migrant Rights Database, derived from the international human rights baseline, are reflected in the letter of national law—nearly two out of every three. However, we also find that national authorities implement these de jure protections 71% of the time. Taken together, about 44% of migrant rights are both protected and implemented in the countries examined. In a correlational analysis, we find that governments tend to protect more rights when their countries are more democratic, maintain more independent judiciaries, protect more rights in their constitutions, ratify more human rights treaties, permit stronger civil society, and are characterized by more political stability. There is also a weak trade-off between de jure migrant rights protections and the number of migrants a country admits.

Anti-Science Populism Versus Brazil's Covid-19 Vaccination Program: A Tale of Two Pandemic Stories

Can civil servants protect the administrative state from illiberal populism? We argue that bureaucratic success in fending off illiberal populism necessitates both a supportive institutional environment and overcoming populist rhetoric meant to undermine public confidence in policy expertise. The Covid-19 pandemic in Brazil is a case study of populist antipathy toward a professional public health service. Brazil's public health officials were able to defy Jair Bolsonaro's obstruction of a Covid-19 mass vaccination program thanks to institutions characterised by insulation from executive reprisal, decentralised health care provision, and an independent judiciary. However, civil servant resistance was less effective in nullifying Bolsonaro's anti-vaccine rhetoric: Even as most Brazilians received Covid-19 vaccines, vaccination rates remained associated with electoral support for Bolsonaro and overall vaccine hesitancy increased. The Brazilian case suggests the power of populist rhetoric to undermine pluralist public administration by attacking its epistemic foundation, even in a context favorable to bureaucratic resistance.

Populism and the Erosion of Democratic Checks and Balances: A Systematic Literature Review across Regions

Populism has emerged as a significant challenge to democratic governance worldwide, as populist leaders seek to undermine checks and balances and consolidate power. This systematic literature review analyzes how populist movements weaken democratic institutions across different regions, focusing on the erosion of judicial independence, legislative oversight, media freedom, and human rights. This study examines case studies from Hungary, Turkey, Brazil, and the United States, revealing how populist leaders centralize authority, manipulate legal frameworks, and exploit societal grievances to sideline democratic norms. Populist rhetoric often frames democratic institutions as elitist and detached from the interests of the "true people," justifying actions that concentrate executive power and limit accountability. This impact extends beyond national borders and affects international law and global governance. In response, civil society, independent judiciaries, the media, academia, and international organizations play crucial roles in defending democratic values and building resilience against populist encroachment. Strategies such as enhancing legal protection, promoting civic education, strengthening oversight bodies, and reforming electoral systems are essential for countering populist threats. This study highlights the need for a multifaceted approach to address the root causes of populism's appeal and protect democratic institutions. Further research should explore how populists exploit digital media and the effectiveness of resistance strategies and conduct comparative analyses across regions to develop robust defenses against the erosion of democracy.

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

PRESIDENTIAL IMPEACHMENT IN THE UNITED STATES OF AMERICA & THE REPUBLIC OF KOREA

Presidential impeachment serves as a constitutional mechanism to safeguard against executive overreach and uphold democratic principles such as the rule of law and separation of powers. This paper examines presidential impeachment processes and outcomes in the United States of America (USA) and the Republic of Korea (ROK), addressing the extent to which they reflect the principles of the rule of law. In the USA, impeachment rests within the legislative branch, with trials conducted by elected politicians, leading to minimal pres- idential accountability. Conversely, in the ROK, the impeachment process is overseen by an independent judiciary and demonstrates greater accountability, justness—through precedent-based decisions—and impartiality—reflecting democratic representation. The approach of the ROK, while more challenging to implement directly due to the structure of its parliamentary system, highlights ways in which the impeachment process in the USA could potentially be en- hanced, emphasising the importance of institutional independence in upholding the rule of law.

Revisiting the Debates on the 2010 Constitutional Referendum in Turkey: Democratic Transition or Authoritarian Populism?

This article revisits the scholarly debates on the AKP’s constitutional amendment package that was put to vote in the 2010 Constitutional Referendum. It takes the democratic theorist Andrew Arato and constitutional scholar Aslı Bali as major representatives of the two opposing views on the political implications of the reform proposal. It compares and contrasts their arguments particularly in light of their different assessments of the amendments which concern the restructuring of the judiciary, especially the Turkish Constitutional Court. It argues that their fundamental controversy with regard to the democratic or authoritarian nature of these amendments is rooted in the contrast between Bali’s predominantly contextual and Arato’s predominantly global approach. While Bali affirms the reform proposal as a democratic step forward in transcending the persistent legacy of the Kemalist authoritarian “tutelary” regime represented by the Constitutional Court, Arato interprets it as a manifestation of the global populist-authoritarian retreat that is expresses itself most visibly through assaults against the independent judiciary. After a critical reading of these two approaches, this paper finalizes by way of introducing a new framework that would counterbalance the contextual with the global and vice versa that would arguably provide a new perspective through which one could unveil the particular characteristics of the AKP’s populist constitutional politics at the time of the Referendum.

External factors in democratic transition in Pakistan in 2008: an analysis of the US supporting role

The political history of Pakistan has seen ephemeral intervals of democratic rule while protracted periods of military rule. A landmark development happened when a peaceful democratic transition from the authoritarian rule of General Musharraf was held in 2008. The internal factors for this transition were an independent judiciary, vibrant media, civil society, and political consensus between major political parties. This article meticulously investigates the significant role of the US as an external factor in supporting the democratic transition in Pakistan in 2008. Data is collected from secondary sources like newspapers, journal articles, books, and websites. The US supported General Musharraf's regime as part of its war on terror strategy but also urged him publicly to restore democracy. The Bush administration encouraged negotiation between Benazir Bhutto and General Musharraf and supported a political reconciliation between them, which shaped the politics of Pakistan in a new direction. When General Musharraf adopted authoritarian means, the US pressured him to democratise by different means to reinforce its interest in counterterrorism. Under heavy pressure, General Musharraf resigned as army chief and lifted the state of emergency. Later, he resigned from the presidency to escape the humiliation of impeachment, and democracy was restored in Pakistan.

The formation and development of concepts of access to court: a historical and legal context

The article is dedicated to the study of the elements of the formation and development of the judicial branch of power in specific historical periods in the context of outlining the principle of access to justice, particularly from the establishment of early states to modern times. In light of this, the article draws attention to the manifestations and signs of ensuring citizens' right of access to court from the perspective of studying the general historical progress of the judiciary. The analysis allowed the author to identify four main stages in the formation of the principle of access to justice in the world history of state and law: ancient, new, modern, and globalization. At the same time, the author emphasizes the different degrees of development and characteristic features of specific historical stages of the evolution of access to court and justice. It is established that already at the stage of formation and development of the ancient type of state and law (both Eastern and Western typologies), the formation of territoriality as one of the key components of the principle of access to justice began. Initially, judicial functions within the competence of the bodies and officials of the ancient states were combined with administrative and executive functions. The period of modern times is associated with the formulation of the political and legal idea of the separation of powers with the identification of an independent judiciary and the concept of due process, which is based on the modern notion of the ideal model of the organization and functioning of the judiciary in a democratic society. The rapid development and evolution of access to justice occurred in the modern stage, including the Florentine project of M. Cappelletti's "access to justice movement," which included a set of measures, aimed at ensuring real access to justice. The article concludes that the modern concept of access to court and justice involves its comprehension through empirical and pluralistic (multifaceted) approaches, taking into account not only obstacles and barriers to access to court and justice but also analytical data on the real state of affairs in the field of justice, considering various aspects of access to justice in the modern world

Anti-Black Racism and Soccer in Canada: Is It Because I’m Black, Ref?

This study critically examines the experiences of members of a sub-Saharan African men’s recreational soccer club with anti-Black racism in a Western Canadian city. Drawing from extensive ethnographic fieldwork, and working at the intersections of Critical Race Theory and Physical Cultural Studies, our analysis focuses on how team members navigate a racial hierarchy that privileges Whiteness and cements their status as outsiders through both overt and subtle forms of racism on the pitch, and the laborious, retraumatizing challenges of “proving” these racist incidents to those in positions of institutional power. We underline the need for anti-racist and anti-oppressive policies and training, and independent judiciaries to monitor and address racist incidents and systemic racism—and its intersections with other forms of oppression—in Canadian sport cultures.

Constitutional Reform of the Judiciary in Nepal: Achievements, Disappointments and Emerging Issues

Nepal’s seventy years of constitutional reform, aimed at fully separating powers between state institutions, began with optimism. These reforms primarily intended to transform the judiciary by incorporating the principle of separation of powers and empowering it to function independently from the executive and legislative branches. Over the past seven decades, Nepal has adopted six constitutions and is now implementing the seventh. However, the country's judicial history is marked by both accomplishments and disappointments. While successive constitutions express a commitment to the separation of powers and judicial independence, a practical realization has lagged, partly due to the absence of these principles as priorities in popular movements. Additionally, there appears to be a historical habit and discipline in Nepal that resists change through constitutional democracy. Systems for judicial review, along with institutional and strategic reforms to enhance the judiciary's performance, present a promising narrative of reform. Yet, the systematic assault on judicial independence, the institutionalized vulnerability of the judicial system, and the declining state of public access and trust reveal a more troubling story of judicial upheavals. The constitutional discourse in Nepal can be seen as a series of experiments. While these reforms have rhetorically committed to an independent judiciary, in practice, the constitutional provisions have lacked clarity and force, leaving the judiciary at a crossroads.

Conciliation Proceedings in the System of Means of Increasing the Efficiency of Justice

The implementation of a phased reform of the judiciary in recent years has been one of the most important tasks in the development of the rule of law in Russia. The main goal of the ongoing reforms is to strengthen an independent, independent judiciary capable of effectively implementing the function of the administration of justice. In the system of means that ultimately contribute to improving the effectiveness of judicial activity, the author examines the gradually introduced conciliation procedures. Accordingly, the main purpose of this study is to analyze the results of the implementation of conciliation procedures in law enforcement. The article defines the legal regulation of conciliation procedures, the specifics of their application in judicial activity. The results of statistical data on the work of courts to consider civil cases according to the parameters of interest are presented.

No higher law: The Uruguayan plebiscite of 1980 as a failed constituent moment

Abstract On November 30, 1980, the people of Uruguay were called on to vote on a new constitution whose objective was to legalize the military dictatorship that had ruled Uruguay since 1973. The proposed constitution would reestablish elections, political parties, and an independent judiciary, but all subject to overrule by the National Security Council (COSENA), the junta of military leaders that acted as the nation’s de facto ruling body. Despite the highly repressive political environment in which the plebiscite was held, the citizenry rejected the draft in resounding fashion by a vote of 57% to 43%. Although the Plebiscite of 1980 was certainly a “failure” from the regime’s point of view, it is considered a founding moment in Uruguayan history during which the dictatorship was delegitimized and the process of redemocratization triggered, culminating in a democratic transition in 1985. This case illustrates that constitutional failures can be successes in the long term when they launch deeper processes of democratization or constitutionalism.

Digitalization and foreign direct investment performance: The moderating role of corruption and judicial independence

The aim of this paper is to investigate the relationship between digitalization and foreign direct investment (FDI) and test whether corruption (COR) and judicial independence (JUD) moderate this relationship. The sample contains 114 countries during 2016. The author obtains FDI data from the World Development Indicator (WDI) database, which was published by the World Bank in 2016. The World Bank’s digital adoption index (DAI) for 2016 was used to collect digitalization proxies. Finally, the remaining variables are gathered from the Global Competitiveness Report for the same year. Results show a positive and significant association between digitalization and foreign direct investment. This positive association remains stable and more pronounced and significant in countries with low levels of corruption, while it becomes weak and non-significant in countries with high levels of corruption. When the moderating effect of judicial independence is tested on the association between digitalization and foreign direct investment, the positive association between the two variables remains positive but more pronounced and significant in countries with high judicial independence systems, while it becomes low pronounced and non-significant in countries with low judicial independence systems. The findings emphasize the importance of decreasing corruption and strengthening judicial independence in order to maintain the positive relationship between digitization and FDI. Therefore, investors prefer stable environments with transparent legal systems, making anti-corruption policies and independent judiciaries critical in attracting and retaining FDI. These initiatives promote trust, foster a favorable business climate, and ensure that digitalization contributes to long-term economic progress.

ROLE OF INDIAN CONSTITUTION IN WOMEN EMPOWERMENT

The Indian Constitution is a beautiful blend of both federal and unitary systems. The Indian Constitution is called a federal constitution on the basis that it is a written constitution. It provides for a supreme and independent judiciary. The preamble of the Indian Constitution declares the goal of making India a democratic republic. Its head of state will be elected democratically. Being a republic means that any common person of India, whether a man or a woman, can reach the highest position in the country on the basis of his qualifications. India is a union of states. It is an independent sovereign socialist democratic republic with a parliamentary system of government. This republic is governed according to the Constitution of India which was adopted by the Constituent Assembly on 26 November 1949 and which came into force on 26 January 1950. The Constitution of India is the supreme legal authority that links together the legislative, executive and judicial organs of the government. The Constitution provides fundamental rights to all citizens and gives the independent judiciary the right to declare invalid the laws or government actions that violate the Constitution. In the Vedic period, women had a very respectable position in India. But later in the medieval period, the status of women deteriorated a lot due to the arrival of foreigners. Due to illiteracy, bad customs and conservatism in the society, the status of women was greatly affected. But gradually in the first half of the nineteenth century, some social workers of India like Raja Ram Mahen Rai, Swami Dayanand Saraswati, Ishwarchand Vidyasagar and Keshavchand Sen raised their voice against the oppressive social system. They raised their voice before the then British rulers for gender equality, women education, ban on Sati Pratha and ban on polygamy, as a result of which Sati Pratha Prohibition Act, 1829 and Hindu Widow Remarriage Act in 1856, Age of Constancy Bill in 1891 and Vative Marriage Act to stop polygamy were passed. By the twenty-first century, the condition of women started improving and the Indian Constitution implemented provisions to promote women's upliftment and empowerment and to improve their economic, social, educational and political status and to include them in the mainstream of development by running many welfare schemes and developmental works.

Writs and Rights: A Comprehensive Study of Judicial Remedies in India

The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual's liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose.

THE RULE OF LAW THROUGH JUDICIAL ACTIVISM IN SOUTH AFRICA

The South African Courts frequently juggle different roles within the country’s governance. This causes discomfort among some of the role players within the polity as it is seen as judicial encroachment in matters outside the court’s role. In the South African context of separation of powers, the role of each branch of government is not always clearly defined, and now and again, it gains perspective as courts interpret parliamentary legislation and executive policies. The court’s role and limitations often come under scrutiny. This causes conflicts between the respective branches of government regarding the extent of judicial intervention concerning other branches of government, namely the legislature and executive. This article examines the role and limits of judicial intervention in the terrain of other branches of government within the context of separation of powers as envisaged by the South African Constitution. The doctrine of separation of powers entails the establishment of a trilateral government. The envisaged government consists of the legislature, which enacts laws, an executive that recognises and executes the law and an independent judiciary to regulate public power when all else fails. The article attempts to clarify the place and role of the judiciary in upholding the rule of law in a constitutional state such as South Africa amid rampant complaints of judicial overreach.

CONCEPT OF AUTHORITY OF JUDICIARY IN CRIMINAL PROCEDURE

The article deals with the de nition of the judiciary and its authority as one of its descriptions as they are presented in procedural science. Attention is paid to the constitutional basis of the independence of judiciary. It is shown that authority of the judiciary is one of its independence guarantees. The di erence between internal and external independence of judiciary as it has been treated in prerevolutionary science is examined, as well as a de nition of the authority of the judiciary as a su ciency of its powers that make it possible to judiciary to control all the criminal procedure, the de nition of the subsidiary bodies of judiciary and their role in provision of the authority of judiciary under the Judicial Reform of 1864. A conclusion is drawn that there are two aspects of the authority of the judiciary: judicial and procedural. Authority of the judiciary is also compared with the principle of equality of everyone under the law and in trial. The evolution of the de nition of the authority of the judiciary in soviet science, when the separation of powers has been rejected and subsidiary bodies of judiciary has been separated from it, and in modern procedural science is exposed. Justice as a key power of the judiciary is compared with its other powers including those administered not by courts.

THE EXISTING STATUS OF JUDICIAL INDEPENDENCE IN NEPAL

The administration of justice is one of the state's major tasks. According to Nepal's Constitution, the Judiciary is responsible for administering justice. The judiciary is a key institution supporting democracy and the rule of law. The Judiciary is responsible for upholding the rule of law by limiting the power of governmental organs to those granted by the Constitution and statutes. In a democratic state, the judiciary is the final resort for protecting people's rights. It promotes political stability and justice, resulting in a strong economy. The judiciary should be independent and responsible to the people and nation. Judicial independence indicates that it is apart from other governmental institutions, particularly the executive and legislative branches. It must be devoid of power, pressure, and other unnecessary elements. Judicial independence refers to the principle that the judiciary's decisions should be free of interference from private or political interests. Judicial independence refers to a judge's capacity to make decisions without being influenced by other factors. Nepal's Constitution designates the judiciary as the guardian of fundamental rights and the Constitution itself. The constitution's preamble emphasizes the importance of an independent judiciary, the rule of law, democratic ideals, and structural and functional independence. The constitution includes crucial measures that support an independent and accountable judiciary. This study has given emphasis on secondary sources of information relating to the concept of independent judiciary and its status in context of Nepal. This paper explores the topic of judicial independence in Nepal. This study incorporates a judicial perspective to the idea of judicial independence. It has also incorporated constitutional and legislative provisions regarding judicial independence.

Role of Independent Judiciary in Islamic State: An Exploratory Study

Role of Independent Judiciary in Islamic State: An Exploratory Study