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A positive analysis of the doctrine of separation of powers, or: Why do we have an independent judiciary?

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  • Salzberger, Eli M.

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  • Salzberger, Eli M., 1993. "A positive analysis of the doctrine of separation of powers, or: Why do we have an independent judiciary?," International Review of Law and Economics, Elsevier, vol. 13(4), pages 349-379, December.
  • Handle: RePEc:eee:irlaec:v:13:y:1993:i:4:p:349-379
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    Cited by:

    1. Anne Aaken, 2009. "Independent electoral management bodies and international election observer missions: any impact on the observed level of democracy? A conceptual framework," Constitutional Political Economy, Springer, vol. 20(3), pages 296-322, September.
    2. Melcarne Alessandro & Ramello Giovanni B., 2015. "Judicial Independence, Judges’ Incentives and Efficiency," Review of Law & Economics, De Gruyter, vol. 11(2), pages 149-169, July.
    3. Andrea Sáenz de Viteri Vázquez & Christian Bjørnskov, 2020. "Constitutional power concentration and corruption: evidence from Latin America and the Caribbean," Constitutional Political Economy, Springer, vol. 31(4), pages 509-536, December.
    4. Gretchen Helmke & Elena V. McLean, 2014. "Inducing independence: A strategic model of World Bank assistance and legal reform," Conflict Management and Peace Science, Peace Science Society (International), vol. 31(4), pages 383-405, September.
    5. Pushkar Maitra & Russell Smyth, 2004. "Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers—An Empirical Study of the New Zealand High Court," European Journal of Law and Economics, Springer, vol. 17(2), pages 209-235, March.
    6. Freyens, Benoit Pierre & Gong, Xiaodong, 2015. "Dismissal Laws in Australia: Reforms and Enforcement by Labour Courts," IZA Discussion Papers 9295, Institute of Labor Economics (IZA).
    7. Fiorino, Nadia & Gavoille, Nicolas & Padovano, Fabio, 2015. "Rewarding judicial independence: Evidence from the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 43(C), pages 56-66.
    8. Matthew C. Stephenson, 2003. "“When the Devil Turns … ”: The Political Foundations of Independent Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 59-89, January.
    9. Freyens, Benoit Pierre & Gong, Xiaodong, 2017. "Judicial decision making under changing legal standards: The case of dismissal arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 133(C), pages 108-126.
    10. James R. Rogers & Joseph Daniel Ura, 2020. "A majoritarian basis for judicial countermajoritarianism," Journal of Theoretical Politics, , vol. 32(3), pages 435-459, July.
    11. Ip Eric, 2012. "A Positive Theory of Constitutional Judicial Review: Evidence from Singapore and Taiwan," Asian Journal of Law and Economics, De Gruyter, vol. 2(4), pages 1-43, January.
    12. Salzberger, Eli & Fenn, Paul, 1999. "Judicial Independence: Some Evidence from the English Court of Appeal," Journal of Law and Economics, University of Chicago Press, vol. 42(2), pages 831-847, October.
    13. Anne van Aaken & Eli Salzberger & Stefan Voigt, "undated". "The Prosecution of Public Figures and the Separation of Powers: Confusion within the Executive Branch," German Working Papers in Law and Economics 2003-1-1062, Berkeley Electronic Press.
    14. James E. Alt & David D. Lassen, 2008. "Political And Judicial Checks On Corruption: Evidence From American State Governments," Economics and Politics, Wiley Blackwell, vol. 20(1), pages 33-61, March.
    15. Eli M. Salzberger & Stefan Voigt, 2003. "On the Delegation of Powers – With Special Emphasis on Central and Eastern Europe," Chapters, in: Ram Mudambi & Pietro Maria Navarra & Giuseppe Sobbrio (ed.), Economic Welfare, International Business and Global Institutional Change, chapter 14, Edward Elgar Publishing.
    16. Fabio Padovano, 2009. "The time-varying independence of Italian peak judicial institutions," Constitutional Political Economy, Springer, vol. 20(3), pages 230-250, September.
    17. Christian Barrère, 2001. "Commoditisation and judiciarisation: the judicial regulation of market relations [Marchandisation et judiciarisation : la régulation judiciaire des relations marchandes]," Post-Print hal-02615448, HAL.
    18. Cohen, Alon, 2014. "Independent judicial review: A blessing in disguise," International Review of Law and Economics, Elsevier, vol. 37(C), pages 209-220.

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