Judicialization of politics or politicization of the judiciary? Considerations from recent events in Thailand

Abstract

Courts are becoming major players in the political landscape of Southeast Asia. This paper seeks to examine the causes and consequences of this new trend with particular reference to Thailand. Our study primarily analyzes the behavior of the Thai Constitutional Court during the political crisis in 2006–2008; the findings suggest that recent judicial activism and assertiveness in political matters, while partly explained by the interests of judges themselves and by the constitutional rules guiding their activities, is best understood as a direct consequence of the intervention of the monarchy, to which the judiciary has traditionally been closely aligned. Accordingly, the Thai case not only provides new evidence about what may be driving the new judicialization trend, it also draws attention to problematic aspects of this trend, namely the gradual politicization of the Thai judiciary and with it the erosion of the rule of law in Thailand and its replacement with rule by law. Our findings may also illuminate some larger issues at the intersection of politics and the courts throughout the region in ways that advance the theoretical understanding of both.     

When are Students Ready for Research Methods? A Curriculum Mapping Argument for the Political Science Major

For many political science programs, research methods courses are a fundamental component of the recommended undergraduate curriculum. However, instructors and students often see these courses as the most challenging. This study explores when it is most appropriate for political science majors to enroll and pass a research methods course. The hypothesis posits that the number of prior introductory-level political science courses can be a strong precursor to research methods success, even for those who are upper-class students and majors. This hypothesis is tested by analyzing data from six sections of an undergraduate research course offered at a midsized public university. The results demonstrate that students are most likely to succeed in their research methods course if they are majors with at least five previous political sciences courses completed. Recommendations for course prerequisites and specific curriculum mapping are offered in light of these findings.     

The Progressive Ratcheting of Environmental Laws: Impact on Public Management

One of the problem-making tendencies in environmental policymaking has been an incremental approach to regulation and control. Either because the full dimensions of an environmental problem are not perceived or because political resistance compels step-by-step action, environmental controls tend to be applied progressively, beginning with nominal, largely ineffectual, retroactive declarations. Failing to meet objectives, laws are toughened and extended year by year until the severty of sanctions begins to defeat their intended effects. The fractionized state of environmental law, focusing on specific problems of pollution and subject to changes in interpretation, makes observance and enforcement difficult. The National Environmental Policy Act of 1969 could have facilitated the unification of environmental policy; unfortunately presidents and congresses have not chosen to use it for this purpose. Meanwhile, because environmental protection per se is relatively new to public law and policy and has few roots in the common law, private citizens aggrieved by political obstruction of their expectations have appealed to the courts for relief and compensation. Conservative courts have granted this relief under the "taking" clause of the Constitution. Extraordinary measures in constitutional law may be necessary to resolve an impasse in public policy resulting from conflict between public interests and private rights as interpreted by the judiciary.     

General courts,specialized courts,and the complementarity effect

Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument—advanced by both judges and legal theorists—general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the “complementarity effect.” In the case of complementarity, general courts strategically apply different principles in different fields, such that litigants losing in one sphere (e.g., public law) are compensated in another (e.g., private law). We support this conjecture by analyzing three case studies.     

Is Early Start a Better Start? Evaluating California State University's Early Start Remediation Policy

Remediation has long been a costly way to address the misalignment between K-12 and higher education. In 2011, the California State University (CSU), the nation's largest public four-year university system, enacted Early Start, requiring students needing remediation to enroll in such courses in the summer before their freshman year. We estimate the impact of Early Start summer remediation relative to both traditional fall remediation and relative to no remediation at all. Our results suggest Early Start summer remediation has not improved student performance or persistence relative to either alternative. As many states move away from remedial courses altogether, there is continued need for both innovation and for evidence in policy and practice to improve college readiness and success.     

增强法律观念 实施依法管理

依法执政是新的历史条件下我党执政的基本方式,公安院校的学生工作必须针对公安院校培养的对象,紧密结合新的历史条件下学生工作新的特点、新的情况,进一步增强依法管理的观念,实施依法管理。不断创新和完善学生工作的法规制度体系,使学生工作干部掌握依法管理的基本方法,不断提高依法管理的能力,使公安院校的学生工作与党依法执政的大环境同步前进,不断开创学生工作的新局面,为公安机关培养可靠的合格人才作出新的贡献。     

The political and practical obstacles to the reform of the judiciary and the establishment of a rule of law in China

Is China’s “socialist rule by law” (社会主义法制) qualified to be called “rule of law” (法治) or a “thin rule of law” proposed by Randall Peeremboon, without abolishing the political supremacy of the Chinese Communist Party and the establishment of an independent judiciary? Since the mid-1990s, the Chinese legal system and its judiciary have gone through reforms and on the whole modernized. However, the Chinese judiciary still faces many problems, and among them the lack of professional jurists, corruption and local protectionism appear as crucial ones. The current political and institutional arrangements and lack of freedom of the press and freedom of association clearly intensify these problems. “Rule of law” (法治) or “rule by law” (法制) in China is still more often interpreted in the light of the respective political, bureaucratic and economic powers of the parties involved than according to principles of law or equity. The modernization of the legal system will continue, but the political translation of the legal demands of society and the international community will take time to materialize. In the meantime, risks, setbacks and difficulties will continue to prevent China from establishing a truly independent judiciary and what is universally called a rule of law.     

Judicial Use of Foreign Law in Human Rights Cases: Illegitimate and Unacceptable Practice?

The use of foreign law by national courts when deciding cases that concern fundamental rights has provoked a debate on the legitimacy of the judiciary to resort to this practice. Indeed, many arguments have been made by legal scholars to support the proposition that judges should not take account of unincorporated international human rights instruments or the decisions of foreign courts when they decide cases that concern fundamental rights. This article puts these arguments to scrutiny, and discusses whether this judicial practice should be resorted to.     

TEACHING METHODS IN PUBLIC ADMINISTRATION REVISITED

Methodology courses in MPA programs tend to be unpopular with students and professors alike. These same courses, however, prove to be among the most valuable when the student is completing the degree program or when the student becomes a practitioner of public administration. In this article, many of the most widely used learning models for methodology are critiqued. In addition, the authors make a case for the use of inquiry training techniques, arguing that they are most appropriate for both students and professor because of their environmental sensitivity.     

Drug Testing in the Public Sector: An Interpretation Grounded in Rosenbloom's Competing-Perspectives Model

In the last few decades, drug testing has become a major policy issue in the workplace, with a host of actors competing to promote their own needs and interests. Employers, for example, seek ways to combat the use and abuse of illegal substances by employees. At the same time, unions and their employees legitimately seek to limit overly intrusive or unfair methods of testing. The courts have also been major players in the policy arena of drug testing, as witnessed by the surfeit of case law setting parameters around what is and is not legal and constitutional in terms of drug testing.
In an effort to move the drug-testing debate forward, this article examines the competing interests in drug testing, interests that ultimately frustrate the courts, policy makers, employees, and their unions from reaching a consensus on the use of drug tests in the public sector. To systematically examine this issue, Rosenbloom's competing-perspectives model of public administration is applied. The article concludes with policy recommendations for public managers.     

Retrofitting the Administrative State to the Constitution: Congress and the Judiciary's Twentieth-Century Progress

One of the twentieth century's "big questions" for United States government has been how best to retrofit, or integrate, the full-fledged federal administrative state into the constitutional scheme. The public administration orthodoxy initially advocated placing the executive branch almost entirely under presidential control; Congress and the federal judiciary responded otherwise. Congress decided to treat the agencies as its extensions for legislative functions and to supervise them more closely. The courts developed an elaborate framework for imposing constitutional rights, values, and reasoning on public administration practice. As the challenge of retrofitting continues into the twenty-first century, public administrators might profitably play a larger role in the constitutional discourse regarding the administrative state's place in constitutional government.     

Teaching and assessing leadership courses at the John F. Kennedy school of government

The development of leadership courses aimed at usefulness in practice requires new theory and pedagogy, as well as a hard look at assessing course effectiveness: How useful do students find the course materials for analyzing their past professional experience? How relevant and effective do students find the courses for understanding and intervening into politics and organizations after rejoining professional life? A summary is provided of the setting, theory, and methods for these courses, as well as the results of a survey of students after they had resumed their careers. The authors conclude with a brief discussion of the risks involved in teaching leadership.     

Judicial review of regulatory decisions: Decoding the contents of appeals against agencies in Spain and the United Kingdom

Despite the important role that courts play to supervise the legality of regulatory agencies' actions, only few comparative studies analyze the contents of judicial appeals against regulatory decisions within European countries. This paper builds on the comparative administrative law scholarship and administrative capacities literature to analyze the content of 2,040 rulings against decisions issued by competition and telecommunications regulators in Spain and the United Kingdom. To understand the substance of the appeals, the study classifies cases according to the alleged administrative principles under breach and the regulatory capacities under challenge. Findings show a clear country-sector variation regarding the information contained in judicial disputes for both dimensions of analysis, which can be explained as a result of existing differences between the institutional settings of courts. These results offer a more in depth understanding of the political role of judicial oversight over regulatory agencies embedded in different institutional arrangements and policy sectors.     

Interactive Learning Online at Public Universities: Evidence from a Six‐Campus Randomized Trial

Online instruction is quickly gaining in importance in U.S. higher education, but little rigorous evidence exists as to its effect on student learning. We measure the effect on learning outcomes of a prototypical interactive learning online statistics course by randomly assigning students on six public university campuses to take the course in a hybrid format (with machine‐guided instruction accompanied by one hour of face‐to‐face instruction each week) or a traditional format (as it is usually offered by their campus, typically with about three hours of face‐to‐face instruction each week). We find that learning outcomes are essentially the same—that students in the hybrid format are not harmed by this mode of instruction in terms of pass rates, final exam scores, and performance on a standardized assessment of statistical literacy. We also conduct speculative cost simulations and find that adopting hybrid models of instruction in large introductory courses has the potential to significantly reduce instructor compensation costs in the long run.     

Strategic Defiance and Compliance in the U.S. Courts of Appeals

Why do lower courts treat Supreme Court precedents favorably or unfavorably? To address this question, we formulate a theoretical framework based on current principal‐agent models of the judiciary. We use the framework to structure an empirical analysis of a random sample of 500 Supreme Court cases, yielding over 10,000 subsequent treatments in the U.S. Courts of Appeals. When the contemporary Supreme Court is ideologically estranged from the enacting Supreme Court, lower courts treat precedent much more harshly. Controlling for the ideological distance between the enacting and contemporary Supreme Courts, the preferences of the contemporary lower court itself are unrelated to its behavior. Hence, hierarchical control appears strong and effective. At the same time, however, a lower court's previous treatments of precedent strongly influence its later treatments. The results have important implications for understanding legal change and suggest new directions for judicial principal‐agency theory.     

The role of the courts in certain educational policy formation

A study of recent court decisions indicates that courts tend to decide cases in education with apparently little or no citation in their opinions of the findings of research studies in the fields of education, economics, psychology, sociology, etc. This may be unique since the courts seem to be more liberal in other areas of the law where inputs from other disciplines (e.g. medicine) are cited and do find their way into the decisions of cases. The implications of this for educational policy formation and educational research need to be more thoroughly examined.This study merely describes a finding and does not purport to state a position or to offer suggestions for a future course of action.     

Beyond Polls: Using Science and Student Data to Stimulate Learning

In an effort to promote learning in classrooms, political science instructors are increasingly turning to interactive teaching strategies — experiments, simulations, etc. — that supplement traditional lecture formats. In this article, I advocate the use of student-generated data as a powerful teaching tool that can be used in a variety of ways to support learning. The “data-driven classroom” is one in which original student data are collected via survey at the beginning of the course and the results presented throughout the term. Examples and case studies across multiple courses and classroom settings are used to illustrate how the method may be applied in practice. Feedback from student assessment surveys reveals strong support for the method, even among nonmajors. The article concludes with recommendations for instructors interested in creating more data-driven classrooms.     

The Colour of the Judge's Eyes: Efficiency as a Criterion for the Legislature and for the Courts

Public Choice - Should courts adjudicate to promote efficiency in theeconomy, or should courts be content to apply the lawas they find it? The literature of law and economicshas much to say about...     

Can Financial Aid Help to Address the Growing Need for STEM Education? The Effects of Need‐Based Grants on the Completion of Science,Technology, Engineering,and Math Courses and Degrees

Although workers in science, technology, engineering, and math (STEM) fields earn above‐average wages, the number of college graduates prepared for STEM jobs lags behind employer demand. A key question is how to recruit and retain college students in STEM majors. We offer new evidence on the role of financial aid in supporting STEM attainment. Exploiting a regression discontinuity that allows for causal inference, we find that eligibility for need‐based financial aid increased STEM credit completion by 20 to 35 percent among academically‐ready students in a large, public higher education system. These results appear to be driven by shifting students into STEM‐heavy course loads, suggesting aid availability impacts the academic choices students make after deciding to enroll. We also find suggestive evidence that aid offers increase degree attainment in STEM fields, although we cannot rule out null impacts on STEM degree production.     

What’s in a Name … or a Face? Student Perceptions of Faculty Race

Utilizing Critical Race Theory (CRT) as a conceptual framework, this study examines student perception of faculty of color in academia from student professor preference. Using an experimental design to test the effect of race on selection of faculty with whom to take a course, we showed student participants two types of pairings of faculty: first, pairs of photos of faculty of different races, and same age and attractiveness, then names of faculty, paired by different race were shown. The study provided evidence of racial bias with a strong preference for courses taught by White faculty by various subgroups of students, providing a snapshot of what faculty of color potentially stand to face in classroom environments.