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Full-Text Articles in Law

The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga Mar 2018

The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga

Joseph Isanga

African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …


"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan Jan 2013

"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan

Vanderbilt Journal of Transnational Law

Many countries exist in a "gray zone" between authoritarianism and democracy. For countries in this conceptual space--which is particularly relevant today given the halting path of change in the Arab world--scholars, judges, and rule of law activists conventionally urge an abstract notion of' judicial independence" as a prerequisite for successful democratic transition. Only recently, for example, Pakistan's judiciary was widely lauded for its "independence" in challenging the military regime. However, judicial independence is neither an all-or-nothing concept nor an end in itself. With the return of civilian rule in Pakistan, a series of clashes between Parliament and the Supreme Court …


A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon Oct 2002

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.