Learning About Judicial Independence: Institutional Change in the State Courts

Montana State University Working Paper

40 Pages Posted: 8 Apr 2003

See all articles by F. Andrew Hanssen

F. Andrew Hanssen

Clemson University - John E. Walker Department of Economics

Multiple version iconThere are 2 versions of this paper

Date Written: 2002

Abstract

There is widespread agreement that independent courts are crucial to the growth of a nation, yet analysis of the development of the institutions of an independent judiciary is difficult, because effective judicial institutions seldom change. In this paper, I develop a simple model and use it to investigate a judicial institution that offers substantial variation to explore: the manner by which judges are selected and retained in the American states. Five different selection and retention procedures have been designed and disseminated over the last 200 years. The paper concludes that each new procedure emerged in response to an evolving understanding about the nature and significance of the relevant agency problems. In short, both the need for, and the appropriate institutional structure to support, an independent judiciary had to be learned.

JEL Classification: K0, N0, O3

Suggested Citation

Hanssen, F., Learning About Judicial Independence: Institutional Change in the State Courts (2002). Montana State University Working Paper, Available at SSRN: https://ssrn.com/abstract=383681 or http://dx.doi.org/10.2139/ssrn.383681

F. Hanssen (Contact Author)

Clemson University - John E. Walker Department of Economics ( email )

Clemson, SC 29634
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
185
Abstract Views
2,164
rank
194,953
PlumX Metrics