Introduction

This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book presents the case for seeing the rule of law as a necessary condition of democratic consolidation. It describes how judicial independence is to a varying extent compromised in many transitional states. The book shows how a lack of judicial impartiality can be affected by factors other than external political interference in the course of justice. It examines reforms which address problems of judicial capacity, biased proceedings, biased judges and corruption. The book also examines the relative importance of pressure groups, the media, and the political will of government to reform. It explores how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. The book examines the factors that encourage 'judicial activism'.