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@inbook{1798887,
author = {Šipulová, Katarína},
address = {Oxford},
booktitle = {The Courts and the People: Friend or Foe? The Putney Debates 2019},
edition = {1st},
editor = {DJ Galligan},
keywords = {judicial resistance; courts; judicial independence; court-packing; court-curbing},
howpublished = {tištěná verze "print"},
language = {eng},
location = {Oxford},
isbn = {978-1-5099-4003-5},
pages = {153-170},
publisher = {Hart Publishing},
title = {Under Pressure: Building Judicial Resistance to Political Inference},
url = {https://www.bloomsbury.com/uk/courts-and-the-people-friend-or-foe-9781509940035/},
year = {2021}
}
TY - CHAP
ID - 1798887
AU - Šipulová, Katarína
PY - 2021
TI - Under Pressure: Building Judicial Resistance to Political Inference
VL - Neuveden
PB - Hart Publishing
CY - Oxford
SN - 9781509940035
KW - judicial resistance
KW - courts
KW - judicial independence
KW - court-packing
KW - court-curbing
UR - https://www.bloomsbury.com/uk/courts-and-the-people-friend-or-foe-9781509940035/
N2 - Recent constitutional reforms targeting designs of domestic judiciaries have reminded us both how important and how fragile judicial independence is. Current episodes from Hungary and Poland have shown that domestic courts are an easy target for governments enjoying large parliamentary majorities. Moreover, we have learnt that political leaders implement a plethora of formal and informal methods of interference, skilfully using the pretence of legal language. Courts, however, are not completely helpless observers of court-curbing: far from it. Depending on the aims and formality of political inferences, courts can implement various ways of retaliating aimed at preventing, averting, or punishing the inferences of executives. While the major part of research focuses on institutional design safeguarding judicial independence, this chapter analyses resistance strategies – reactions implemented by courts facing political inference. It identifies four categories of judicial resistance and, using an example of Central European countries, demonstrates that their implementation depends on the formality and motives with which executives aim to capture the courts.
ER -
ŠIPULOVÁ, Katarína. Under Pressure: Building Judicial Resistance to Political Inference. In DJ Galligan. \textit{The Courts and the People: Friend or Foe? The Putney Debates 2019}. 1st. Oxford: Hart Publishing, 2021, s.~153-170. ISBN~978-1-5099-4003-5.
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