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Making Judges Independent – Some Proposals Regarding the Judiciary

Author

Listed:
  • Lars P. Feld
  • Stefan Voigt

Abstract

It is argued that an independent judiciary is a necessary condition for both individual liberty and economic prosperity. After having surveyed the literature dealing with how to arrange for an independent judiciary, the authors derive some additional policy implications by drawing on two indicators of judicial independence (JI) recently introduced by them. De facto JI has a robust and highly significant impact on economic growth. Individual components of both de jure and de facto JI on economic growth are estimated for their impact on economic growth. Additionally, the effects of other institutional arrangements such as presidential vs. parliamentary systems are inquired into.

Suggested Citation

  • Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo Group Munich.
  • Handle: RePEc:ces:ceswps:_1260
    as

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    File URL: http://www.cesifo-group.de/DocDL/cesifo1_wp1260.pdf
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    References listed on IDEAS

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    1. La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei & Vishny, Robert, 1999. "The Quality of Government," Journal of Law, Economics, and Organization, Oxford University Press, vol. 15(1), pages 222-279, April.
    2. Toma, Eugenia Froedge, 1991. "Congressional Influence and the Supreme Court: The Budget as a Signaling Device," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 131-146, January.
    3. Torsten Persson & Gérard Roland & Guido Tabellini, 1997. "Separation of Powers and Political Accountability," The Quarterly Journal of Economics, Oxford University Press, vol. 112(4), pages 1163-1202.
    4. Rafael La Porta & Florencio Lopez-de-Silanes & Cristian Pop-Eleches & Andrei Shleifer, 2004. "Judicial Checks and Balances," Journal of Political Economy, University of Chicago Press, vol. 112(2), pages 445-470, April.
    5. Ramseyer, J Mark & Rasmusen, Eric B, 2001. "Why Is the Japanese Conviction Rate So High?," The Journal of Legal Studies, University of Chicago Press, pages 53-88.
    6. Giandomenico Majone, 1996. "Temporal Consistency and Policy Credibility: Why Democracies Need Non-Majoritarian Institutions," EUI-RSCAS Working Papers 57, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    7. Ramseyer, J Mark & Rasmusen, Eric B, 1997. "Judicial Independence in a Civil Law Regime: The Evidence from Japan," Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(2), pages 259-286, October.
    8. Tim Besley & Abigail Payne, 2003. "Judicial accountability and economic policy outcomes: evidence from employment discrimination charges," IFS Working Papers W03/11, Institute for Fiscal Studies.
    9. Torsten Persson & Guido Tabellini, 2005. "The Economic Effects of Constitutions," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262661926, January.
    10. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 243-277, Fall.
    11. Geoffrey Brennan & Alan Hamlin, 1994. "A Revisionist View of the Separation of Powers," Journal of Theoretical Politics, , vol. 6(3), pages 345-368, July.
    12. Feld, Lars P. & Voigt, Stefan, 2003. "Economic growth and judicial independence: cross-country evidence using a new set of indicators," European Journal of Political Economy, Elsevier, vol. 19(3), pages 497-527, September.
    13. W. J. Henisz, 2000. "The Institutional Environment for Economic Growth," Economics and Politics, Wiley Blackwell, vol. 12(1), pages 1-31, March.
    14. Fabio Padovano & Grazia Sgarra & Nadia Fiorino, 2003. "Judicial Branch, Checks and Balances and Political Accountability," Constitutional Political Economy, Springer, vol. 14(1), pages 47-70, March.
    15. Voigt, Stefan & Salzberger, Eli M, 2002. "Choosing Not to Choose: When Politicians Choose to Delegate Powers," Kyklos, Wiley Blackwell, vol. 55(2), pages 289-310.
    16. J. Mark Ramseyer & Eric Rasmusen, 1999. "Why the Japanese Taxpayer Always Loses," Law and Economics 9907003, EconWPA.
    17. Moe, Terry M, 1990. "Political Institutions: The Neglected Side of the Story," Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(0), pages 213-253.
    18. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
    19. Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," American Economic Review, American Economic Association, pages 1034-1054.
    20. repec:hrv:faseco:30747160 is not listed on IDEAS
    21. Beck, Thorsten & Clarke, George & Groff, Alberto & Keefer, Philip & Walsh, Patrick, 2000. "New tools and new tests in comparative political economy - the database of political institutions," Policy Research Working Paper Series 2283, The World Bank.
    22. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    23. F. Andrew Hanssen, 2004. "Is There a Politically Optimal Level of Judicial Independence?," American Economic Review, American Economic Association, vol. 94(3), pages 712-729, June.
    24. Brennan, Geoffrey & Kliemt, Hartmut, 1994. "Finite Lives and Social Institutions," Kyklos, Wiley Blackwell, vol. 47(4), pages 551-571.
    25. repec:cup:apsrev:v:95:y:2001:i:02:p:331-344_00 is not listed on IDEAS
    26. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
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    Cited by:

    1. Franco Mariuzzo & Patrick Paul Walsh & Ciara Whelan, 2004. "EU Merger Control in Differentiated Product Industries," CESifo Working Paper Series 1312, CESifo Group Munich.
    2. Yasir Khan & Attiya Yasmin Javid, 2015. "The Impact of Formal and Informal Institutions on Economic Performance: A Cross-Country Analysis," PIDE-Working Papers 2015:130, Pakistan Institute of Development Economics.
    3. Stefan Voigt, 2005. "The Economic Effects of Judicial Accountability. Some Preliminary Insights," ICER Working Papers 19-2005, ICER - International Centre for Economic Research.

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    Keywords

    judicial independence; constitutional design; positive constitutional economics; economic growth;

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