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Explaining Constitutional Change: The Case of Judicial Independence

  • Bernd Hayo

    ()

    (University of Marburg)

  • Stefan Voigt

    ()

    (University of Hamburg)

This paper studies the factors driving changes in judicial independence (JI) as incorporated in constitutions. Two indicators of constitutionally safeguarded JI are constructed. Variations in these indicators are identified based on changes in the constitutions of as many as 100 countries that occurred between 1950 and 2005. Four groups of factors are conjectured to be relevant for explaining these changes. We find only weak evidence for the insurance theory of judicial independence but strong evidence that the characteristics of individual leaders — such as how they acquired or lost power — play an important role in explaining changes in constitutionally safeguarded JI. This paper contributes not only to the literature on JI but also to the theory of endogenous constitutions.

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File URL: https://www.uni-marburg.de/fb02/makro/forschung/magkspapers/49-2012_hayo.pdf
File Function: First version, 2012
Download Restriction: no

Paper provided by Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung) in its series MAGKS Papers on Economics with number 201249.

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Length: 38 pages
Date of creation: 2012
Date of revision:
Publication status: Forthcoming in
Handle: RePEc:mar:magkse:201249
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Web page: http://www.uni-marburg.de/fb02/
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  1. Benjamin F. Jones & Benjamin A. Olken, 2005. "Do Leaders Matter? National Leadership and Growth Since World War II," The Quarterly Journal of Economics, Oxford University Press, vol. 120(3), pages 835-864.
  2. Axel Dreher & Michael J. Lamla & Sarah M. Rupprecht & Frank Somogyi, 2006. "The impact of political leaders’ profession and education on reforms," KOF Working papers 06-147, KOF Swiss Economic Institute, ETH Zurich.
  3. Ebonya Washington, 2006. "Female Socialization: How Daughters Affect Their Legislator Fathers' Voting on Women's Issues," NBER Working Papers 11924, National Bureau of Economic Research, Inc.
  4. Aghion, Philippe & Alesina, Alberto & Trebbi, Francesco, 2004. "Endogenous Political Institutions," Scholarly Articles 4481498, Harvard University Department of Economics.
  5. Ramseyer, J Mark, 1994. "The Puzzling (In)dependence of Courts: A Comparative Approach," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 721-47, June.
  6. Davide Ticchi & Andrea Vindigni, 2010. "Endogenous Constitutions," Economic Journal, Royal Economic Society, vol. 120(543), pages 1-39, 03.
  7. Dollar, David & Fisman, Raymond & Gatti, Roberta, 2001. "Are women really the "fairer" sex? Corruption and women in government," Journal of Economic Behavior & Organization, Elsevier, vol. 46(4), pages 423-429, December.
  8. 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.
  9. Bernd Hayo & Florian Neumeier, 2012. "Leaders’ Impact on Public Spending Priorities: The Case of the German Laender," Kyklos, Wiley Blackwell, vol. 65(4), pages 480-511, November.
  10. William M. Landes & Richard A. Posner, 1975. "The Independent Judiciary in an Interest-Group Perspective," NBER Working Papers 0110, National Bureau of Economic Research, Inc.
  11. Lars P. Feld & Stefan Voigt, 2003. "Economic Growth and Judicial Independence: Cross Country Evidence Using a New Set of Indicators," CESifo Working Paper Series 906, CESifo Group Munich.
  12. Bernd Hayo & Stefan Voigt, 2003. "Explaining de facto judicial independence," ICER Working Papers 01-2004, ICER - International Centre for Economic Research.
  13. Marianne Bertrand & Esther Duflo & Sendhil Mullainathan, 2002. "How Much Should We Trust Differences-in-Differences Estimates?," NBER Working Papers 8841, National Bureau of Economic Research, Inc.
  14. Tim Bollerslev, 1986. "Generalized autoregressive conditional heteroskedasticity," EERI Research Paper Series EERI RP 1986/01, Economics and Econometrics Research Institute (EERI), Brussels.
  15. Matthew C. Stephenson, 2003. "“When the Devil Turns … †: The Political Foundations of Independent Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 59-89, 01.
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