CEU Electronic Theses and Dissertations, 2016
| Author | Miranda, Gian Carlo Estabillo |
|---|---|
| Title | Let the Sinless Cast the First Stone: The Role of the Judiciary in Combating Corruption and its Challenges |
| Summary | The paper aims to discuss the role of the judiciary in combating corruption in the Philippines, India and the United States. It will engage in a three way approach. First, the paper will look at the gravity and extent of corruption which can be attributed to political structures and other sociological factors such as religion, history and culture. Second, it will discuss the effectiveness of the legal framework and the judiciary in rendering decisions in cases involving public officials. The paper will take the example of the Pork Barrel Controversy in the Philippines which allowed legislators to use millions of dollars without being subject to scrutiny. It will examine how the courts used legal technicalities to downplay corruption. It will also tackle the disproportionate case of the 2G scam and Jayalalithaa Jayaram as an example as to how Indian courts interpreted the law, and led to the flip-flopping of decisions. Third, it will analyze the various barriers and challenges that impede the judiciary in fully utilizing its power against graft and corruption. It becomes paradoxical when the institution which is deemed the last bastion of justice is also tainted with allegations of corruption and its independence had also been compromised. |
| Supervisor | Wittke, Cindy |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/miranda_gian-carlo.pdf |
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