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Presents "Judicial Corruption in Developing Countries: Its Causes and Economic Consequences," written by Edgardo Buscaglia and published as one of the "Essays in Public Policy" of the Hoover Institution at Stanford University in California.
First published in 1963, this study of corruption in the developing countries of Africa takes as its point of comparison Britain, pre-1880, as the authors question whether Britain’s experience in overcoming corruption can throw any light the means of overcoming corruption in contemporary developing countries.
"Presents a sector-by-sector analysis of corruption in developing countries written by experts that address nine sectors: education, agriculture, energy, environment, health, justice, private business, political parties and public finance. Concludes with policy-oriented suggestions for eliminating corruption. Written for students, researchers, and practitioners"--Provided by publisher.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
An independent judiciary is considered an indication of a developing nation’s level of democracy
"It is the latest addition in the series: the ICJ published today its Practitioners Guide No. 13 on Judicial Accountability. The Guide aims to help practitioners ensure accountability for serious judicial misconduct, such as corruption or complicity in human rights violations, while preserving the independence of the judiciary. It focuses on international standards on accountability mechanisms and procedures, illustrated by practical examples. The Guide addresses the need for all countries to ensure effective judicial accountability, while also including special chapters on situations of transition and developing countries. The Guide updates and expands on previous guidance contained in the ICJ publication, Practitioners Guide No. 1: International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors, as well as Practitioners Guide No. 7: International Law and the Fight Against Impunity. It also builds on earlier work of the ICJ on the theme of judicial corruption, including Strengthening Judicial Independence, Eliminating Judicial Corruption. This Guide addresses not only the accountability of individual judges, and the accountability of judiciary as an institution, but also State responsibility under international law, particularly in relation to harm caused to victims of violations by judges. The Guide has been greatly informed by the contributions of outside experts, including the participants to a consultation on judicial accountability in developing countries, convened by the ICJ Centre for the Independence of Judges & Lawyers in Tunisia 8-9 October 2015, as well as the 2015 CIJL Geneva Forum of Judges & Lawyers, 14-15 December 2015."--
The End of Corruption and Impunity argues that it is feasible to limit the corruption that plagues developing regions of the world by implementing an international treaty designed to combat dysfunctional criminal justice systems and restore human rights.
Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.