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Are tenured judges insulated from political pressure?

  • Blanes i Vidal, Jordi
  • Leaver, Clare
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    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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    File URL: http://www.sciencedirect.com/science/article/pii/S0047272710001647
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    Article provided by Elsevier in its journal Journal of Public Economics.

    Volume (Year): 95 (2011)
    Issue (Month): 7 ()
    Pages: 570-586

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    Handle: RePEc:eee:pubeco:v:95:y:2011:i:7:p:570-586
    Contact details of provider: Web page: http://www.elsevier.com/locate/inca/505578

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    1. Ignacio Palacios-Huerta & Oscar Volij, 2002. "The Measurement of Intellectual Influence," Economic theory and game theory 015, Oscar Volij.
    2. Besley, Timothy J. & Coate, Stephen, 2000. "Elected Versus Appointed Regulators: Theory And Evidence," CEPR Discussion Papers 2381, C.E.P.R. Discussion Papers.
    3. 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.
    4. Alberto Alesina & Guido Tabellini, 2007. "Bureaucrats or Politicians? Part I: A Single Policy Task," Levine's Working Paper Archive 321307000000000870, David K. Levine.
    5. John Ferejohn, 1986. "Incumbent performance and electoral control," Public Choice, Springer, vol. 50(1), pages 5-25, January.
    6. Christian Schultz, 2003. "Information, Polarization and Delegation in Democracy," CESifo Working Paper Series 1104, CESifo Group Munich.
    7. Joseph Price & Justin Wolfers, 2007. "Racial Discrimination Among NBA Referees," NBER Working Papers 13206, National Bureau of Economic Research, Inc.
    8. 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.
    9. Train,Kenneth E., 2009. "Discrete Choice Methods with Simulation," Cambridge Books, Cambridge University Press, number 9780521747387, June.
    10. 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.
    11. 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.
    12. 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.
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