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Explaining de facto judicial independence

  • Hayo, Bernd
  • Voigt, Stefan

De facto judicial Independence (JI) seems to be highly and robustly significant for economic growth. But JI as formally written down in legal texts is a imperfect predictor for de facto JI. This paper thus tries to identify the variables, which determine de facto JI.. A distinction between factors that can be influenced in the short run and those that are the result of historical development and that 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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Article provided by Elsevier in its journal International Review of Law and Economics.

Volume (Year): 27 (2007)
Issue (Month): 3 (September)
Pages: 269-290

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Handle: RePEc:eee:irlaec:v:27:y:2007:i:3:p:269-290
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