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Judicial Audiences and Reputation: Perspectives from Comparative Law

42 Pages Posted: 25 Nov 2009  

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

Date Written: November 25, 2009

Abstract

Part I lays out why incentives and audiences matter. We explain the idea of judicial audiences and how they shape the judiciary in different legal families. We provide a common framework for understanding what have been traditionally perceived as very different institutions, namely the so-called “career” judiciary and the “recognition” judiciary. This framework provides new insights into the profound changes judiciaries have been going through in many different jurisdictions across the world.

Part II considers the particular dynamics of internal and external audiences for judicial performance, using case studies from various judicial systems. In particular, we look at traditional civil law jurisdictions such as France, Italy and Japan where judicial activism has progressively made its way. We also compare the United States and Britain, examining recent British constitutional reforms in detail and speculating about the future consequences of the new institutional design. We argue that our framework provides a useful way of understanding the main forces shaping the recent changes in all these different jurisdictions, thus providing a common ground for analysis.

Suggested Citation

Garoupa, Nuno M. and Ginsburg, Tom, Judicial Audiences and Reputation: Perspectives from Comparative Law (November 25, 2009). Columbia Journal of Transnational Law, Forthcoming; U Illinois Law & Economics Research Paper No. LE09-033. Available at SSRN: https://ssrn.com/abstract=1513397

Nuno M. Garoupa (Contact Author)

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

University of Chicago Law School ( email )

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

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