Judicious choices: designing courts in post-communist politics |
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| Institution: | 1. Dept. of Political Science 4L01 Forbes Quad, University of Pittsburgh, Pittsburgh, PA 15260, USA;2. Division of Social Science, 207B McClain Hall, Truman State University, Kirksville, MO 63501, USA;1. Department of Chemistry, Periyar University, Salem 636 011, India;2. Department of Crystallography, Institute of Chemistry, University of Silesia, 9th Szkolna St., 40-006 Katowice, Poland;1. School of Tropical Medicine and Global Health, Nagasaki University, Nagasaki 852-8523, Japan;2. Graduate School of Medicine, The University of Tokyo, Tokyo 113-0033, Japan;3. Graduate School of Pharmaceutical Sciences, The University of Tokyo, Tokyo 113-0033, Japan;4. Systems and Structural Biology Center, RIKEN, Tsurumi, Yokohama 230-0045, Japan;5. Graduate School of Science and Technology, Kyoto Institute of Technology, Kyoto 606-8585, Japan;6. Department of Molecular and Cellular Parasitology, Juntendo University School of Medicine, Tokyo 113-8421, Japan;1. Institute of Marine Biochemistry, Vietnam Academy of Science and Technology (VAST), 18 Hoang Quoc Viet, Cau Giay, Hanoi, Viet Nam;2. Graduate University of Science and Technology, VAST, 18 Hoang Quoc Viet, Cau Giay, Hanoi, Viet Nam;3. Southern Institute of Ecology, VAST, 01 Mac Dinh Chi Street, Ho Chi Minh City, Viet Nam;4. Nui Chua National Park, Ninh Thuan Province, Viet Nam;5. College of Pharmacy, Yonsei Institute of Pharmaceutical Science, Yonsei University, Incheon 406-840, Republic of Korea |
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| Abstract: | One area which has been generally overlooked in the literature on institutional choice in post communist politics has been the design of judicial institutions. This paper seeks to evaluate a number of different explanations for judicial systems choice in post communist politics, especially those which emphasize the influence of socio-cultural factors, economic factors, the judicial legacies of the past, and political bargaining. As an empirical test of these explanations, we examine variations in the amount of judicial power that constitution makers granted to the constitutional courts in the countries of the former Soviet Union, Mongolia, and Eastern Europe. |
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