ARTICLE
The Politicisation of the Khmer Judiciary as a Means
of Inflicting Legal Violence on Government Opponents
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Uniwersytet Jagielloński
Publication date: 2017-12-31
Stosunki Międzynarodowe – International Relations 2017;53(4):193-218
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ABSTRACT
2018 marks the passage of a quarter century since the first democratic parliamentary
elections were held in Cambodia. The country’s political transformation and
the replacement of communist ideology with democratic rule of law were ac companied by efforts to implement wide-ranging reforms that also spanned the judiciary.
As one of the pillars of modern statehood, independent courts are a guarantee
of lawfulness and of maintaining balanced relations between all three components
of Montesquieu’s separation of powers. The principle of rule of law underlying
judiciary power was abandoned in Cambodia in favour of the increasing domination
of elites associated with the Cambodian People’s Party. They eventually took over
control of the country’s justice system, using legal instruments to keep the opposition
down, which has led to the politicisation of courts. The article describes this process
and points to its implications while seeking to identify the reasons why Cambodia
has seen the emergence of a new type of oppression in the form of legal violence.