ABSTRACT

In this article, I examine court-purging in democratic transitions through the lens of judicial preferences. Specifically, I address the debate on how court-purging during a democratic transition affects the likelihood of future court-purging. I argue that the prevailing assumption is one of static, sincere judicial preferences. In contrast, I explicitly recognize the role of dynamic judicial preferences and incentives. This recognition suggests that transitional court-purging could be minimal and cautious, while the broader judicial context may eventually achieve the same policy outcomes. The dynamic perspective is crucial for understanding past court-purging strategies and for informing the conceptual debate about the rule of law in transitional justice.

This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights)
You do not currently have access to this article.

Comments

0 Comments
Submit a comment
You have entered an invalid code
Thank you for submitting a comment on this article. Your comment will be reviewed and published at the journal's discretion. Please check for further notifications by email.