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Making Judges Independent – Some Proposals Regarding the Judiciary

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  • Lars P. Feld
  • Stefan Voigt

Abstract

It is argued that an independent judiciary is a necessary condition for both individual liberty and economic prosperity. After having surveyed the literature dealing with how to arrange for an independent judiciary, the authors derive some additional policy implications by drawing on two indicators of judicial independence (JI) recently introduced by them. De facto JI has a robust and highly significant impact on economic growth. Individual components of both de jure and de facto JI on economic growth are estimated for their impact on economic growth. Additionally, the effects of other institutional arrangements such as presidential vs. parliamentary systems are inquired into.

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Paper provided by CESifo Group Munich in its series CESifo Working Paper Series with number 1260.

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Date of creation: 2004
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Handle: RePEc:ces:ceswps:_1260

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Keywords: judicial independence; constitutional design; positive constitutional economics; economic growth;

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  1. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
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Cited by:
  1. Stefan Voigt & Lorenz Blume, 2007. "Wenn Justitia die Hand aufhält - Ursachen und Folgen korrupter Justizbehörden," Perspektiven der Wirtschaftspolitik, Verein für Socialpolitik, vol. 8(1), pages 65-92, 01.
  2. Hayo, Bernd & Voigt, Stefan, 2007. "Explaining de facto judicial independence," International Review of Law and Economics, Elsevier, vol. 27(3), pages 269-290, September.
  3. Stefan Voigt, 2011. "Positive constitutional economics II—a survey of recent developments," Public Choice, Springer, vol. 146(1), pages 205-256, January.
  4. Stefan Voigt, 2008. "The economic effects of judicial accountability: cross-country evidence," European Journal of Law and Economics, Springer, vol. 25(2), pages 95-123, April.
  5. Bernd Hayo & Stefan Voigt, 2008. "The Relevance of Judicial Procedure for Economic Growth," CESifo Working Paper Series 2514, CESifo Group Munich.
  6. Stefan Voigt, 2009. "Does Arbitration Blossom when State Courts are Bad?," MAGKS Papers on Economics 200906, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).

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