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Judicial Independence and Human Rights

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Abstract:

When governments choose to or are compelled to create an independent judiciary for the handling of any class of rights claims, the judges themselves will necessarily choose to protect the access of claimants to the courts. The necessity of this choice stems from the fact that were the judges to allow other governmental bodies to limit access to justice, their need for continued performance of their functions would be reduced. In other words, if the government regularly ignores the courts, the courts will fight back lest the judges lose their positions, respect, and livelihoods. The concern of the courts to protect access to justice, however, extends more to some types of rights than to others. Specifically, independent judges should be especially concerned to protect rights that when violated prevent citizens from making rights claims, such as rights against summary execution, torture to compel confession, and so on.

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right (255), independ (136), human (98), countri (85), judg (78), polit (76), judici (76), protect (70), violat (62), govern (49), chang (48), process (43), variabl (41), democrat (41), develop (39), use (38), person (38), signific (38), level (34), due (33), econom (32),

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Keywords: judicial independence,human rights,rights,independence,judicial,court,courts,due process,process,time series,development,comparative politics,comparative
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Name: American Political Science Association
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MLA Citation:

Yamanishi, David. "Judicial Independence and Human Rights" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-27 <http://www.allacademic.com/meta/p66418_index.html>

APA Citation:

Yamanishi, D. S. , 2002-08-28 "Judicial Independence and Human Rights" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-27 from http://www.allacademic.com/meta/p66418_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: When governments choose to or are compelled to create an independent judiciary for the handling of any class of rights claims, the judges themselves will necessarily choose to protect the access of claimants to the courts. The necessity of this choice stems from the fact that were the judges to allow other governmental bodies to limit access to justice, their need for continued performance of their functions would be reduced. In other words, if the government regularly ignores the courts, the courts will fight back lest the judges lose their positions, respect, and livelihoods. The concern of the courts to protect access to justice, however, extends more to some types of rights than to others. Specifically, independent judges should be especially concerned to protect rights that when violated prevent citizens from making rights claims, such as rights against summary execution, torture to compel confession, and so on.

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Document Type: .pdf
Page count: 29
Word count: 12412
Text sample:
Judicial Independence and Human Rights David Scott Yamanishi University of California Los Angeles falstaff@ucla.edu Prepared for the 2002 American Political Science Association Annual Meeting. Version 0.1. August 18 2002. Please email for the most recent version of this paper if you intend to use it in your own work. Data available upon request. 1 Human rights are supposed to be a cohesive package both theoretically and practically interconnected and democratic and economically developed countries are supposed to better protect
(1985). ``The Foreign Policy of Human Rights: Rhetoric and Reality from Jimmy Carter to Ronald Reagan.'' Human Rights Quarterly 7:205­229. United Nations (1948). Universal Declaration on Human Rights. New York: United Nations. United Nations (1966a). International Covenant on Economic Social and Cultural Rights. New York: United Nations. United Nations (1966b). International Covenant on Civil and Political Rights. New York: United Nations 28 Watson Robert P. and Sean McCluskie (1997). ``Human Rights Considerations and U.S. Foreign Policy: The Latin American


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