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Explaining de facto judicial independence

  • Hayo, Bernd
  • Voigt, Stefan

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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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
Contact details of provider: Web page: http://www.elsevier.com/locate/irle

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