Guarding the Guardians: Judicial Councils and Judicial Independence

43 Pages Posted: 19 Nov 2008 Last revised: 6 May 2009

See all articles by Nuno Garoupa

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Tom Ginsburg

University of Chicago Law School

Date Written: November 18, 2008

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.

Keywords: judicial independence, rule of law

Suggested Citation

Garoupa, Nuno and Ginsburg, Tom, Guarding the Guardians: Judicial Councils and Judicial Independence (November 18, 2008). American Journal of Comparative Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1303847

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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