POL 150 Lecture Notes - Lecture 5: Judicial Independence
14 Apr 2016
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Fukuyama: law can be used as an extension of political power (ex: chinese legalism ), or as a counterweight to political power (ex: indian rule of law ). In the first system, law reflects the self-interest of whoever holds political power; in the second system, law reflects moral principles that exist independent of political power. Stone sweet: the logic of triadic dispute resolution (tdr) shows why self interested political actors would allow an independent body of law to develop capable of balancing their own power. 4 components from the first sentence of the reading. The judging is judging two parties on what is legally right or legally wrong. It involves judges applying law not making it. This isn"t how we should understand courts, it is excessively idealistic. The prototype is fundamentally misleading so it shouldn"t be used by people who want to understand what courts do.
