Katarína Šipulová
Biographic Data
| ID | 4115299 |
|---|---|
| NAME | Katarína Šipulová |
| GIVEN NAMES | Katarína |
| FAMILY NAME | Šipulová |
| SIGNATURE | ŠIPULOVÁ K |
| AFFILIATIONS | Masaryk University |
| ORCID | 0000-0002-3593-3594 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 11 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2014 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Purging the Judiciary After a Transition
Judges play a key role in the implementation of transitional justice mechanisms. Yet, less attention has been paid so far to the question of how to address their collaboration with non-democratic regimes. In theory, judges can be subjected to virtually all transitional justice mechanisms ranging from criminal prosecution and lustration to truth-seeking, or even amnesties. However, we show in a case study of Czechia that these mechanisms are not w…
The light and the dark side of judicial resistance
How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio‐economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and sugg…
Informality and Courts
This introductory Article provides a conceptual umbrella for the Special Issue on Informal Institutions and Democratic Decay. It offers conceptual clarity to studying informal institutions and explains their relationship to other concepts such as constitutional conventions or judicial culture. The article summarizes findings of the Special issue in four key observations. First, it shows that it is impossible to understand the functioning of court…
(No) Ghost in the Shell
This article uses the case study of Slovakia and its lackluster experience with a judge-dominated judicial council to demonstrate that formal institutions have only limited impact on the ideational level. We show that the transformation of the Slovak post-communist judiciary relied on the presumption that judges‘ interests are automatically complementary to principles of the rule of law. Therefore, the majority of implemented reforms insulated th…
Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily affected by informality. As courts are often the first institutions affected by de-democratization, this Article analyzes informality in erosion and decay of judicial institutions. It argues that…
Judicial Self‐Governance Index
The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three‐fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of jud…
Between Human Rights and Transitional Justice
The essay sheds light on the role of constitutional courts in transitional justice, focusing on their role in mitigating the conflicts between transitional justice and international human rights commitments. Through a study of the Czech Constitutional Court’s case law, we demonstrate that international human rights work both as a constraint and a tool. Constitutional courts use international human rights law selectively, when it suits their reaso…
DH v Czech Republic Six Years Later
The European Court of Human Rights (ECtHR) is often portrayed as the most developed regional human rights court, one which wields the power to influence practices in its Member States. In 2007, the Grand Chamber of the Court issued a famous ruling in the case DH v Czech Republic, which condemned discrimination of Roma children in education. The problem criticized in the DH case is of a systemic character; in order to comply with the ECtHR's judgm…
The light and the dark side of judicial resistance
How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio‐economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and sugg…
Judicial Self‐Governance Index
The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three‐fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of jud…
DH v Czech Republic Six Years Later
The European Court of Human Rights (ECtHR) is often portrayed as the most developed regional human rights court, one which wields the power to influence practices in its Member States. In 2007, the Grand Chamber of the Court issued a famous ruling in the case DH v Czech Republic, which condemned discrimination of Roma children in education. The problem criticized in the DH case is of a systemic character; in order to comply with the ECtHR's judgm…
DH v Czech Republic Six Years Later
The European Court of Human Rights (ECtHR) is often portrayed as the most developed regional human rights court, one which wields the power to influence practices in its Member States. In 2007, the Grand Chamber of the Court issued a famous ruling in the case DH v Czech Republic, which condemned discrimination of Roma children in education. The problem criticized in the DH case is of a systemic character; in order to comply with the ECtHR's judgm…
Between Human Rights and Transitional Justice
The essay sheds light on the role of constitutional courts in transitional justice, focusing on their role in mitigating the conflicts between transitional justice and international human rights commitments. Through a study of the Czech Constitutional Court’s case law, we demonstrate that international human rights work both as a constraint and a tool. Constitutional courts use international human rights law selectively, when it suits their reaso…
Judicial Self‐Governance Index
The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three‐fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of jud…
Informality and Courts
This introductory Article provides a conceptual umbrella for the Special Issue on Informal Institutions and Democratic Decay. It offers conceptual clarity to studying informal institutions and explains their relationship to other concepts such as constitutional conventions or judicial culture. The article summarizes findings of the Special issue in four key observations. First, it shows that it is impossible to understand the functioning of court…
(No) Ghost in the Shell
This article uses the case study of Slovakia and its lackluster experience with a judge-dominated judicial council to demonstrate that formal institutions have only limited impact on the ideational level. We show that the transformation of the Slovak post-communist judiciary relied on the presumption that judges‘ interests are automatically complementary to principles of the rule of law. Therefore, the majority of implemented reforms insulated th…
Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
De-democratization may take the form of executive-led attacks as well as incremental decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary to general wisdom, both exogenous erosion and endogenous decay are heavily affected by informality. As courts are often the first institutions affected by de-democratization, this Article analyzes informality in erosion and decay of judicial institutions. It argues that…
Purging the Judiciary After a Transition
Judges play a key role in the implementation of transitional justice mechanisms. Yet, less attention has been paid so far to the question of how to address their collaboration with non-democratic regimes. In theory, judges can be subjected to virtually all transitional justice mechanisms ranging from criminal prosecution and lustration to truth-seeking, or even amnesties. However, we show in a case study of Czechia that these mechanisms are not w…
The light and the dark side of judicial resistance
How can courts resist political attacks? Despite the rich empirical studies of attacks on courts, we lack better understanding of how judges react to these challenges. Little or no attention has been paid to the theoretical aspects of judicial resistance; the structural, personal or socio‐economical motives of judges, or the dynamics between the resistance, democratic resilience and the rule of law. This article draws a novel concept map and sugg…
Law (8 works) · Political science (8 works) · Judicial and Constitutional Studies (7 works) · European and International Law Studies (6 works) · Politics (6 works) · Sociology (6 works) · Law and economics (5 works) · Democracy (4 works) · Economics (4 works) · Law (4 works)