When are Judges and Bureaucrats Left Independent? Theory and History from Imperial Japan, Postwar Japan, and the United States
U. of Tokyo CIRJE Working Paper No. F-126
47 Pages Posted: 19 Apr 2002
Date Written: August 2001
Abstract
Various theories, notably those of McCubbins & Schwartz and Landes & Posner, say why judicial independence might be desired by voters and politicians. Why, however, are judges independent in some elected regimes but not others? We develop an "alternating-parties" explanation based on the theory of repeated games and use it to explain the differences between Japan in the 1920's, Japan 1950-1990, and federal judges in the United States. We also discuss why other elite bureaucrats are treated differently from judges.
Keywords: judges, bureaucrats, judicial independence, separation of powers, bundling
JEL Classification: H11, K4, L32, C72
Suggested Citation: Suggested Citation
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