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Cited by 187Judicial and Constitutional StudiesPolitical Conflict and GovernanceLaw, Economics, and Judicial Systems

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Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine

Popova, Maria·2012·Cambridge University Press eBooks
DOI 10.1017/cbo9781139055345
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Abstract

Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.

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Metadata

Authors
Popova, M.
Affiliations
McGill University (CA)
Corresponding author
Popova, Maria
ORCID
Popova, Maria
Venue
Cambridge University Press eBooks
Publisher
Cambridge University Press
Published
2012-01-31
DOI
10.1017/cbo9781139055345
OpenAlex
W3162892875
Cited by
136
References
0
Citations by year
2026: 8 · 2025: 13 · 2024: 8 · 2023: 3 · 2022: 6 · 2021: 8 · 2020: 8 · 2019: 32 · 2018: 11 · 2017: 12 · 2016: 9 · 2015: 7 · 2014: 5 · 2013: 5 · 2012: 1
FWCI
15.69
Type
book
Language
en
Open access
closed
Licence
www.cambridge.org/core/terms (unspecified, 34 d)
Locations
Cambridge University Press eBooks (publishedVersion)
Topics
  • Social Sciences › Law › Judicial and Constitutional Studies
  • Social Sciences › Sociology and Political Science › Political Conflict and Governance
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
Keywords
politicization of the judiciary, independent courts, new democracies, political competition, judicial independence, lower courts, Russian court, Ukrainian courts, judicial decisions, political regimes

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