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Judicial Independence and Democratization: A Theoretical and Conceptual Analysis

Judicial Independence and Democratization: A Theoretical and Conceptual Analysis CHRISTOPHER M. LARKINS Judicia l Independence and Democratization: A Theoretical and Conceptual Analysis I . INTRODUCTION Many countries across the globe have begun transitions from au­ thoritarian rule to democracy, marking what has become popularly known as the "third wave" of democratization. While there have been some complete and partial failures, this most recent outbreak of democratization has certainly given scholars much hope. As a result, democratization has become a common topic of discussion in the liter­ ature, and many studies have attempted to explain preconditions of the transition to democracy, factors influencing its success and fail­ ure, and the relationship of particular institutions to society in politi­ cally developing countries. Not only may the insights provided by these studies be used to understand this phenomenon better, but they may also be applied one day to help foster democratic consolida­ tion in those countries which have initiated transitions from authori­ tarian rule. Given that democratization is generally defined in the literature as a gradual, evolutionary, and delicate process during which "demo- CHRISTOPHER M. LARKINS is a Ph.D. Candidate in Political Science at the University of Souther n California. He ha s worked as a Visiting Consultant on Judicial Reform http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Judicial Independence and Democratization: A Theoretical and Conceptual Analysis

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Publisher
Oxford University Press
Copyright
© 1996 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840623
Publisher site
See Article on Publisher Site

Abstract

CHRISTOPHER M. LARKINS Judicia l Independence and Democratization: A Theoretical and Conceptual Analysis I . INTRODUCTION Many countries across the globe have begun transitions from au­ thoritarian rule to democracy, marking what has become popularly known as the "third wave" of democratization. While there have been some complete and partial failures, this most recent outbreak of democratization has certainly given scholars much hope. As a result, democratization has become a common topic of discussion in the liter­ ature, and many studies have attempted to explain preconditions of the transition to democracy, factors influencing its success and fail­ ure, and the relationship of particular institutions to society in politi­ cally developing countries. Not only may the insights provided by these studies be used to understand this phenomenon better, but they may also be applied one day to help foster democratic consolida­ tion in those countries which have initiated transitions from authori­ tarian rule. Given that democratization is generally defined in the literature as a gradual, evolutionary, and delicate process during which "demo- CHRISTOPHER M. LARKINS is a Ph.D. Candidate in Political Science at the University of Souther n California. He ha s worked as a Visiting Consultant on Judicial Reform

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1996

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