Abstract

https://ssrn.com/abstract=1303847
 
 

Citations (5)



 
 

Footnotes (90)



 


 



Guarding the Guardians: Judicial Councils and Judicial Independence


Nuno M. Garoupa


Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

Tom Ginsburg


University of Chicago Law School

November 18, 2008

American Journal of Comparative Law, Forthcoming
U of Chicago Law & Economics, Olin Working Paper No. 444
U of Chicago, Public Law Working Paper No. 250
Center on Law and Globalization Research Paper No. 09-05

Abstract:     
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for why judicial councils nevertheless remain attractive institutions.

Number of Pages in PDF File: 43

Keywords: judicial independence, rule of law


Open PDF in Browser Download This Paper

Date posted: November 19, 2008 ; Last revised: May 6, 2009

Suggested Citation

Garoupa, Nuno M. and Ginsburg, Tom, Guarding the Guardians: Judicial Councils and Judicial Independence (November 18, 2008). American Journal of Comparative Law, Forthcoming; U of Chicago Law & Economics, Olin Working Paper No. 444; U of Chicago, Public Law Working Paper No. 250; Center on Law and Globalization Research Paper No. 09-05. Available at SSRN: https://ssrn.com/abstract=1303847

Contact Information

Nuno M. Garoupa
Texas A&M University School of Law ( email )
1515 Commerce St.
Fort Worth, TX 76102
United States

Catholic University of Portugal (UCP) - Católica Global School of Law ( email )
Lisboa
Portugal
Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States

Feedback to SSRN


Paper statistics
Abstract Views: 2,799
Downloads: 823
Download Rank: 21,685
Citations:  5
Footnotes:  90