Chapter

The Setting

in Measuring Judicial Independence

Published by University of Chicago Press

Published in print February 2003 | ISBN: 9780226703886
Published online March 2013 | e-ISBN: 9780226703879 | DOI: http://dx.doi.org/10.7208/chicago/9780226703879.003.0002
The Setting

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In the aftermath of 1968, leftists and centrists in Japan traded a wide variety of insults over the courts. To unravel what actually happened, this chapter turns first to the courts’ institutional structure. It then asks how that structure affects judicial outcomes. It explores the effect of structure on outcome in disputes stemming (in part) from the 1960s chaos. This chapter first outlines the organization of the courts and the personnel structure within it. It discusses the implications of the theory of public choice for why Japanese politicians might choose to manipulate judicial incentives. Finally, it recounts some of the tales told by the Left about politically biased judicial incentives.

Keywords: judicial incentives; political bias; leftists; courts; court organization; personnel structure; Japanese politicians

Chapter.  7829 words. 

Subjects: Comparative Law

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