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Explaining de facto judicial independence

  • Bernd Hayo

    (University of Duisburg-Essen)

  • Stefan Voigt

    (University of Kassel)

Judicial Independence (JI) as factually implemented varies considerably between countries. Since de iure JI is an imperfect predictor of de facto JI, a number of variables that might determine the factual level of judicial independence is theoretically discussed and empirically tested. A distinction between factors that can be influenced in the short run and those that are the result of historical development and are exempt from short-term modification is made. Ascertaining the relative relevance of these two groups of variables promises to be policy-relevant because attempts to make judiciaries more independent within governance programs might be seriously constrained by factors beyond the control of national governments and international organizations.

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Paper provided by EconWPA in its series Law and Economics with number 0306001.

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Length: 33 pages
Date of creation: 25 Jun 2003
Date of revision:
Handle: RePEc:wpa:wuwple:0306001
Note: Type of Document - pdf; pages: 33; figures: included
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