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Making Judges Independent – Some Proposals Regarding the Judiciary+

  • Lars P. Feld

    ()

    (Faculty of Business Administration and Economics, Philipps Universitaet Marburg)

  • Stefan Voigt

    (University of Kassel)

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.

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File URL: https://www.uni-marburg.de/fb02/makro/forschung/gelbereihe/artikel/2004-29-StockholmDP_gesamt.pdf
File Function: First version, 2004
Download Restriction: no

Paper provided by Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung) in its series Marburg Working Papers on Economics with number 200429.

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Length: 34 pages
Date of creation: 2004
Date of revision:
Publication status: Forthcoming in ROGER D. CONGLETON (ed.), Constitutional Design, Cambridge University Press, Cambridge 2004.
Handle: RePEc:mar:volksw:200429
Contact details of provider: Postal: Universitätsstraße 25, 35037 Marburg
Phone: 06421/28-1722
Fax: 06421/28-4858
Web page: http://www.uni-marburg.de/fb02/
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  1. 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 259-86, October.
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  7. 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.
  8. 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 222-79, April.
  9. 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.
  10. 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 131-46, January.
  11. 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.
  12. Geoffrey Brennan & Alan Hamlin, 1994. "A Revisionist View of the Separation of Powers," Journal of Theoretical Politics, , vol. 6(3), pages 345-368, July.
  13. Torsten Persson & Guido Tabellini, 2005. "The Economic Effects of Constitutions," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262661926, June.
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  15. J. Mark Ramseyer & Eric Rasmusen, 1999. "Why the Japanese Taxpayer Always Loses," Law and Economics 9907003, EconWPA.
  16. 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.
  17. Treisman, Daniel, 2000. "The causes of corruption: a cross-national study," Journal of Public Economics, Elsevier, vol. 76(3), pages 399-457, June.
  18. 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.
  19. 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.
  20. 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.
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  24. 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.
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