Explaining De Facto Judicial Independence
Volkswirtschaftliche Diskussionsbeitraege des Fachbereichs No. 46/03
34 Pages Posted: 23 Jun 2003
There are 2 versions of this paper
Explaining De Facto Judicial Independence
Explaining De Facto Judicial Independence
Abstract
Judicial Independence (JI) as factually implemented varies considerably between countries. Since de iure JI is an imperfect predictor of de facto JI, a number of variables that might determine the factual level of judicial independence is theoretically discussed and empirically tested. A distinction between factors that can be influenced in the short run and those that are the result of historical development and are exempt from short-term modification is made. Ascertaining the relative relevance of these two groups of variables promises to be policy-relevant because attempts to make judiciaries more independent within governance programs might be seriously constrained by factors beyond the control of national governments and international organizations.
Keywords: Judicial independence, informal institutions, formal institutions
JEL Classification: D72, D78, H11, K42
Suggested Citation: Suggested Citation
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