Katarína Šipulová
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View article: Judicial empowerment of chief justices in Central Europe through supranational means: Judicial self-defense or judicial self-dealing?
Judicial empowerment of chief justices in Central Europe through supranational means: Judicial self-defense or judicial self-dealing? Open
Chief justices in Central Europe—defined as the presidents of the supreme court—are powerful and consequential actors. Politicians in the region are well aware of this fact and have sought to undermine, bypass, or replace them. This articl…
View article: The light and the dark side of judicial resistance
The light and the dark side of judicial resistance Open
How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judi…
View article: Purging the Judiciary After a Transition: Between a Rock and a Hard Place
Purging the Judiciary After a Transition: Between a Rock and a Hard Place Open
Judges play a key role in the implementation of transitional justice mechanisms. Yet, less attention has been paid so far to the question of how to address their collaboration with non-democratic regimes. In theory, judges can be subjected…
View article: The Case for Judicial Councils as Fourth-Branch Institutions
The Case for Judicial Councils as Fourth-Branch Institutions Open
Judicial councils – separation of powers – fourth-branch institutions – judicial independence – four ideal types of judicial councils – a judge-controlled, politician-controlled, inter-branch and fourth-branch judicial council – danger of …
View article: Politics of judicial governance
Politics of judicial governance Open
This chapter conceptualises judicial governance, addresses its main challenges and identifies the new trends in this field. Building on both legal and political science scholarship, it posits three core arguments. First, it argues that it …
View article: Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries Open
De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous de…
View article: (No) Ghost in the Shell: The Role of Values Internalization in Judicial Empowerment in Slovakia
(No) Ghost in the Shell: The Role of Values Internalization in Judicial Empowerment in Slovakia Open
This article uses the case study of Slovakia and its lackluster experience with a judge-dominated judicial council to demonstrate that formal institutions have only limited impact on the ideational level. We show that the transformation of…
View article: Informality and Courts: Uneasy Partnership
Informality and Courts: Uneasy Partnership Open
This introductory Article provides a conceptual umbrella for the Special Issue on Informal Institutions and Democratic Decay. It offers conceptual clarity to studying informal institutions and explains their relationship to other concepts …
View article: Comparative court-packing
Comparative court-packing Open
In the wake of Donald Trump’s presidency, a fierce discussion over expanding the US Supreme Court erupted. However, the expansion of a court’s membership is just one of several court-packing techniques. Moreover, the American debate is pec…
View article: From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity
From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity Open
9 See manifesto of Ordinary People and Independent Personalities, political party led by former PM Matovi č .Oby č ajn í ľ udia a nez á visl é osobnosti, ' Ú primne, odv á ž ne pre ľ ud í ' www.obycajniludia.sk/wp-content/uploads/2020/02/O…
View article: Judicial <scp>Self‐Governance</scp> Index: Towards better understanding of the role of judges in governing the judiciary
Judicial <span>Self‐Governance</span> Index: Towards better understanding of the role of judges in governing the judiciary Open
The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three‐fold. First, it provides a nov…
View article: Beyond Compliance: odpověď autorů
Beyond Compliance: odpověď autorů Open
Tento příspěvek je koncipován jako odpověď autorů monografie Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance (KOSAŘ, D. et al. Routledge, 2020) na reakce komentátorů v tomto sympoziu. Rekapitulujem…
View article: Nekonečný příběh Nejvyšší rady soudnictví: Kdo ji chce a proč ji pořád nemáme?
Nekonečný příběh Nejvyšší rady soudnictví: Kdo ji chce a proč ji pořád nemáme? Open
I přesto, že diskuse o Nejvyšší radě soudnictví (NRS) trvá už několik dekád, komplexní analýza toho, jaké postoje ke zřízení NRS zastávají klíčoví aktéři, kterých se samospráva soudnictví týká – soudci, politici a praktikující právníci – d…
View article: Architecture of the Strasbourg System of Human Rights
Architecture of the Strasbourg System of Human Rights Open
This chapter sketches the basic features of the domestic effects of the Strasbourg judgments, namely the inter partes effect and the so-called res interpretata effect. It also presents the typical roles domestic authorities play in the pro…
View article: Domestic Judicial Treatment of European Court of Human Rights – Beyond Compliance
Domestic Judicial Treatment of European Court of Human Rights – Beyond Compliance Open
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human right…
View article: The role of domestic courts in the Strasbourg system
The role of domestic courts in the Strasbourg system Open
This chapter focuses more closely on the role of courts and judges in the implementation of Strasbourg case law. First, it identifies the various actors within the domestic judiciaries who influence the implementation processes. Subsequent…
View article: Failed Expectations: Does the Establishment of Judicial Councils Enhance Confidence in Courts?
Failed Expectations: Does the Establishment of Judicial Councils Enhance Confidence in Courts? Open
Judicial councils are often presented as a panacea for many disorders of judicial systems, including low public confidence in the judiciary. Nevertheless, the assessment of their impact has so far been neglected. The article offers a uniqu…
View article: Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia
Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia Open
The article discusses the development in the administration of the Slovak judiciary since the separation of Czechoslovakia and the impact of the empowerment of the judicial self-governance on the functioning of the judicial system. After i…
View article: Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance
Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance Open
The concept of judicial compliance has attracted plenty of attention in the last two decades. Yet, despite the growing scholarly interest, important research questions remain largely unresolved. This is partly due to the persistent use of …
View article: The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law
The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law Open
View article: The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law
The Strasbourg Court Meets Abusive Constitutionalism: Baka v. Hungary and the Rule of Law Open
The rise of abusive constitutionalism in Central and Eastern Europe (CEE) has hit the domestic judiciaries particularly hard. Viktor Orban expanded the size of the Constitutional Court and then packed it, made sure that he can install a ne…
View article: Výzkum lidských práv: Kritická reflexe současných přístupů
Výzkum lidských práv: Kritická reflexe současných přístupů Open
The review essay discusses current critical approaches towards international human rights regimes and categorises them according to their normative, functional, and methodological bases. The paper builds on four recent books which are exam…
View article: Armin von Bogdandy and Pál Sonnevend (eds.): Constitutional Crisis in the European Constitutional Area. Theory, Law and Politics in Hungary and Romania
Armin von Bogdandy and Pál Sonnevend (eds.): Constitutional Crisis in the European Constitutional Area. Theory, Law and Politics in Hungary and Romania Open
Knižní recenze / Book review.