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Explaining de facto judicial independence

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Author Info

  • Bernd Hayo

    (University of Duisburg-Essen)

  • Stefan Voigt

    (University of Kassel)

Abstract

Judicial Independence (JI) as factually implemented varies considerably between countries. Since de iure JI is an imperfect predictor of de facto JI, a number of variables that might determine the factual level of judicial independence is theoretically discussed and empirically tested. A distinction between factors that can be influenced in the short run and those that are the result of historical development and are exempt from short-term modification is made. Ascertaining the relative relevance of these two groups of variables promises to be policy-relevant because attempts to make judiciaries more independent within governance programs might be seriously constrained by factors beyond the control of national governments and international organizations.

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File URL: http://128.118.178.162/eps/le/papers/0306/0306001.pdf
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Bibliographic Info

Paper provided by EconWPA in its series Law and Economics with number 0306001.

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Length: 33 pages
Date of creation: 25 Jun 2003
Date of revision:
Handle: RePEc:wpa:wuwple:0306001

Note: Type of Document - pdf; pages: 33; figures: included
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Web page: http://128.118.178.162

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Keywords: Judicial independence; informal institutions; formal institutions;

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Citations

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Cited by:
  1. Padovano, Fabio & Fiorino, Nadia, 2012. "Strategic delegation and “judicial couples” in the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 32(2), pages 215-223.
  2. George Tridimas, 2010. "Constitutional judicial review and political insurance," European Journal of Law and Economics, Springer, vol. 29(1), pages 81-101, February.
  3. Stefan Voigt, 2011. "Positive constitutional economics II—a survey of recent developments," Public Choice, Springer, vol. 146(1), pages 205-256, January.
  4. Papageorgiadis, Nikolaos & Cross, Adam R. & Alexiou, Constantinos, 2013. "The impact of the institution of patent protection and enforcement on entry mode strategy: A panel data investigation of U.S. firms," International Business Review, Elsevier, vol. 22(1), pages 278-292.
  5. Bernd Hayo & Stefan Voigt, 2008. "The Relevance of Judicial Procedure for Economic Growth," MAGKS Papers on Economics 200828, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
  6. Fabio Padovano, 2009. "The time-varying independence of Italian peak judicial institutions," Constitutional Political Economy, Springer, vol. 20(3), pages 230-250, September.
  7. Bernd Hayo & Stefan Voigt, 2008. "Inflation, Central Bank Independence, and the Legal System," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(4), pages 751-777, December.
  8. Bernd Hayo & Stefan Voigt, 2012. "Explaining Constitutional Change: The Case of Judicial Independence," CESifo Working Paper Series 4032, CESifo Group Munich.
  9. Arusha Cooray, 2012. "Suffrage, Democracy and Gender Equality in Education," Oxford Development Studies, Taylor & Francis Journals, vol. 40(1), pages 21-47, June.

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