Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
1. Introduction; 2. How Southeast Asia's courts evolved; 3. A Framework for courts and politics; 4. Case studies from Southeast Asia; 5. Conclusion and outlook.
Björn Dressel, Raul Sanchez-Urribarri, Alexander Stroh-Steckelberg, Australia) Dressel, Bjorn (Associate Professor, Crawford School of Public Policy, Canberra, La Trobe University) Sanchez-Urribarri, Raul (Senior Lecturer in Legal Studies, Germany) Stroh-Steckelberg, Alexander (Professorship in African Politics and Development Policy, University of Bayreuth
Diego Fossati, Ferran Martinez i Coma, Diego (City University of Hong Kong) Fossati, Queensland) i Coma, Ferran Martinez (Griffith University, Ferran Martinez I. Coma, Ferran Martinez I Coma