Description
Book SynopsisThis book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d'état). It explores judges' liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d'état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of
Trade Review
"Judicial Responsibility and Coups d'État is the definitive study of a crucial issue faced by many courts around the world: how to grapple with unconstitutional changes in government. Written with great analytic clarity, the book ranges across a wide array of legal issues and regional contexts. Highly recommended!".
Tom Ginsburg, Faculty Director, Malyi Center for the Study of Institutional and Legal Integrity, Leo Spitz Distinguished Service Professor of International Law, Ludwig and Hilde Wolf Research Scholar, & Professor of Political Science, University of Chicago
Table of ContentsPreface; Abbreviations; 1. Introduction; 2. Legal bases to assess the legality of unconstitutional usurpation of power; 3. Permissible parameters for judges in post-coup suppression of fundamental rights and freedoms; 4. Availability or non-availability of defences for judges in relation to judicial responsibility post-coups; 5. Amnesties, pardons, immunities and other restrictions on the prosecution of usurpers of power and their accomplices or collaborators; 6. International or extra-territorial criminal prosecution of coups-related crimes of international concern; 7. Epilogue; Index;
