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:

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Whether normative or positive, the puzzle to judicial independence is not in the independence of judges from parties to private disputes. No one advocates letting judges take bribes in private suits. And electoral markets in modern democracies give majority politicians strong incentives to ensure that judges stay honest in such suits anyway. Neither is the puzzle the independence of judges from bureaucrats in mundane administrative suits. Here too, politicians usually earn electoral returns by offering voters an unbiased forum in which to challenge bureaucratic decisions. Instead, the normative and positive puzzles concern independence in basic political decisions.

Keywords: judicial independence; private disputes; modern democracies; incentives; administrative suits; political decisions

Chapter.  1098 words. 

Subjects: Comparative Law

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