Are tenured judges insulated from political pressure?
Tenured public officials such as judges are often thought to be insulated from political pressure and, as a result, indifferent to the concerns of the electorate. We investigate this proposition empirically using data on promotion decisions taken by senior English judges between 1985 and 2005. Throughout this period the popular view was one of ill-disciplined elitism: senior judges were alleged to be favouring candidates from elite backgrounds over their equally capable non-elite counterparts. We find evidence in support of this view to be surprisingly weak; most of the unconditional difference in promotion prospects between the two groups can simply be explained by differences in promotion-relevant characteristics. We then exploit an unexpected proposal to remove control over promotions from the judiciary and find that judges' behaviour dramatically changed. When faced by the prospect of losing autonomy, senior judges began to favour non-elite candidates, as well as candidates who were unconnected to members of the promotion committee.
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- Volij, Oscar & Palacios-Huerta, Ignacio, 2004.
"The Measurment of Intellectual Influence,"
Staff General Research Papers
10797, Iowa State University, Department of Economics.
- John Ferejohn, 1986. "Incumbent performance and electoral control," Public Choice, Springer, vol. 50(1), pages 5-25, January.
- Gordon, Sanford C. & Huber, Gregory A., 2007. "The Effect of Electoral Competitiveness on Incumbent Behavior," Quarterly Journal of Political Science, now publishers, vol. 2(2), pages 107-138, May.
- Joseph Price & Justin Wolfers, 2010.
"Racial Discrimination Among NBA Referees,"
The Quarterly Journal of Economics,
Oxford University Press, vol. 125(4), pages 1859-1887.
- Price, Joseph & Wolfers, Justin, 2007. "Racial Discrimination Among NBA Referees," CEPR Discussion Papers 6369, C.E.P.R. Discussion Papers.
- Price, Joseph & Wolfers, Justin, 2007. "Racial Discrimination Among NBA Referees," IZA Discussion Papers 2863, Institute for the Study of Labor (IZA).
- Joseph Price & Justin Wolfers, 2007. "Racial Discrimination Among NBA Referees," NBER Working Papers 13206, National Bureau of Economic Research, Inc.
- Christian Schultz, 2003.
"Information, Polarization and Delegation in Democracy,"
CESifo Working Paper Series
1104, CESifo Group Munich.
- Christian Schultz, 2003. "Information, Polarization and Delegation in Democracy," EPRU Working Paper Series 03-16, Economic Policy Research Unit (EPRU), University of Copenhagen. Department of Economics.
- Train,Kenneth E., 2009.
"Discrete Choice Methods with Simulation,"
Cambridge University Press, number 9780521766555.
- Gauti B. Eggertsson & Eric Le Borgne, 2003. "A Political Agency Theory of Central Bank Independence," IMF Working Papers 03/144, International Monetary Fund.
- Alberto Alesina & Guido Tabellini, 2007.
"Bureaucrats or Politicians? Part I: A Single Policy Task,"
Levine's Working Paper Archive
321307000000000870, David K. Levine.
- Alberto Alesina & Guido Tabellini, 2007. "Bureaucrats or Politicians? Part I: A Single Policy Task," American Economic Review, American Economic Association, vol. 97(1), pages 169-179, March.
- Gauti B. Eggertsson & Eric Le Borgne, 2010. "A Political Agency Theory of Central Bank Independence," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 42(4), pages 647-677, 06.
- Manuel F. Bagues & Berta Esteve-Volart, 2010.
"Can Gender Parity Break the Glass Ceiling? Evidence from a Repeated Randomized Experiment,"
Review of Economic Studies,
Oxford University Press, vol. 77(4), pages 1301-1328.
- Manuel F. Bagüés & Berta Esteve-Volart, 2007. "Can gender parity break the glass ceiling? Evidence from a repeated randomized experiment," Working Papers 2007-15, FEDEA.
- Eric Maskin & Jean Tirole, 2004.
"The Politician and the Judge: Accountability in Government,"
American Economic Review,
American Economic Association, vol. 94(4), pages 1034-1054, September.
- Eric Maskin, 2003. "The Politician and the Judge: Accountability in Government," Theory workshop papers 505798000000000076, UCLA Department of Economics.
- Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," Economics Working Papers 0020, Institute for Advanced Study, School of Social Science.
- Stephen Coate & Timothy Besley, 2000.
"Elected versus Appointed Regulators: Theory and Evidence,"
NBER Working Papers
7579, National Bureau of Economic Research, Inc.
- Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, 09.
- Besley, Timothy J. & Coate, Stephen, 2000. "Elected Versus Appointed Regulators: Theory And Evidence," CEPR Discussion Papers 2381, C.E.P.R. Discussion Papers.
- Iaryczower, Matias & Lewis, Garrett & Shum, Matthew, 2013. "To elect or to appoint? Bias, information, and responsiveness of bureaucrats and politicians," Journal of Public Economics, Elsevier, vol. 97(C), pages 230-244.
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