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The Long-Term Relationship Between De Jure and De Facto Judicial Independence

Author

Listed:
  • Bernd Hayo

    (University of Marburg)

  • Stefan Voigt

    (University of Hamburg, Institute of Law & Economics)

Abstract

We study the long-term and dynamic relationship between de jure and de facto judicial independence using a large panel dataset covering up to 87 countries and as many as 61 years. In line with the prevailing theoretical view in the literature, our analysis shows a positive relationship between these variables. However, the magnitude of the relationship is quite small. The positive relationship between the two variables is primarily driven by non-OECD countries.

Suggested Citation

  • Bernd Hayo & Stefan Voigt, 2018. "The Long-Term Relationship Between De Jure and De Facto Judicial Independence," MAGKS Papers on Economics 201833, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    • Handle: RePEc:mar:magkse:201833
    as

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    References listed on IDEAS

    as
    1. Jerg Gutmann & Stefan Voigt, 2020. "Judicial independence in the EU: a puzzle," European Journal of Law and Economics, Springer, vol. 49(1), pages 83-100, February.
    2. Hayo, Bernd & Voigt, Stefan, 2016. "Explaining constitutional change: The case of judicial independence," International Review of Law and Economics, Elsevier, vol. 48(C), pages 1-13.
    3. Voigt, Stefan & Gutmann, Jerg & Feld, Lars P., 2015. "Economic growth and judicial independence, a dozen years on: Cross-country evidence using an updated Set of indicators," European Journal of Political Economy, Elsevier, vol. 38(C), pages 197-211.
    4. Kao, Chihwa, 1999. "Spurious regression and residual-based tests for cointegration in panel data," Journal of Econometrics, Elsevier, vol. 90(1), pages 1-44, May.
    5. Joakim Westerlund, 2005. "New Simple Tests for Panel Cointegration," Econometric Reviews, Taylor & Francis Journals, vol. 24(3), pages 297-316.
    6. Hayo, Bernd & Voigt, Stefan, 2007. "Explaining de facto judicial independence," International Review of Law and Economics, Elsevier, vol. 27(3), pages 269-290, September.
    7. Im, Kyung So & Pesaran, M. Hashem & Shin, Yongcheol, 2003. "Testing for unit roots in heterogeneous panels," Journal of Econometrics, Elsevier, vol. 115(1), pages 53-74, July.
    8. Engle, Robert & Granger, Clive, 2015. "Co-integration and error correction: Representation, estimation, and testing," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 39(3), pages 106-135.
    9. Johansen, Soren, 1992. "Testing weak exogeneity and the order of cointegration in UK money demand data," Journal of Policy Modeling, Elsevier, vol. 14(3), pages 313-334, June.
    10. Granger, C W J, 1969. "Investigating Causal Relations by Econometric Models and Cross-Spectral Methods," Econometrica, Econometric Society, vol. 37(3), pages 424-438, July.
    11. Levin, Andrew & Lin, Chien-Fu & James Chu, Chia-Shang, 2002. "Unit root tests in panel data: asymptotic and finite-sample properties," Journal of Econometrics, Elsevier, vol. 108(1), pages 1-24, May.
    Full references (including those not matched with items on IDEAS)

    Citations

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    Cited by:

    1. Katarzyna Metelska-Szaniawska & Jacek Lewkowicz, 2021. "Post-socialist “illiberal democracies”: do de jure constitutional rights matter?," Constitutional Political Economy, Springer, vol. 32(2), pages 233-265, June.
    2. Hayo, Bernd & Voigt, Stefan, 2023. "Judicial independence: Why does de facto diverge from de jure?," European Journal of Political Economy, Elsevier, vol. 79(C).
    3. Voigt, Stefan, 2020. "Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality," ILE Working Paper Series 32, University of Hamburg, Institute of Law and Economics.
    4. Jacek Lewkowicz & Michał Woźniak & Michał Wrzesiński, 2021. "Institutional Framework of Central Bank Independence: Revisited," Working Papers 2021-06, Faculty of Economic Sciences, University of Warsaw.
    5. Lambais, Guilherme & Sigstad, Henrik, 2023. "Judicial subversion: The effects of political power on court outcomes," Journal of Public Economics, Elsevier, vol. 217(C).
    6. Niclas Berggren & Christian Bjørnskov, 2022. "Academic freedom, institutions, and productivity," Southern Economic Journal, John Wiley & Sons, vol. 88(4), pages 1313-1342, April.

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    More about this item

    Keywords

    Judicial independence; de facto; de jure; long-term panel data analysis; cointegration; Granger causality;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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