2003
DOI: 10.3386/w9775
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Judicial Checks and Balances

Abstract: In the Anglo-American constitutional tradition, judicial checks and balances are often seen as crucial guarantees of freedom. Hayek (1960) distinguishes two ways in which the judiciary provides such checks and balances: judicial independence and constitutional review. We create a new data base of constitutional rules in 71 countries that reflect these provisions. We find strong support for the proposition that both judicial independence and constitutional review are associated with greater freedom. Consistent … Show more

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Cited by 119 publications
(171 citation statements)
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“…Acemoglu et al (2001b; 2001a) suggested population density in 1500 and the type of colonial origin (indicated by settler mortality) as effective instruments, respectively. La Porta et al (2004) presented yet another ”horse race” of theories, in their case juxtaposing judicial independence and constitutional review. In RST the ”horse race” is between three possible determinants: Institutions, Integration, and Geography.…”
Section: Discussionmentioning
confidence: 99%
“…Acemoglu et al (2001b; 2001a) suggested population density in 1500 and the type of colonial origin (indicated by settler mortality) as effective instruments, respectively. La Porta et al (2004) presented yet another ”horse race” of theories, in their case juxtaposing judicial independence and constitutional review. In RST the ”horse race” is between three possible determinants: Institutions, Integration, and Geography.…”
Section: Discussionmentioning
confidence: 99%
“…For example, La Porta et al (1997Porta et al ( , 1998 examines how the degree of legal protection of investors is related to legal tradition, quality of law enforcement and adaptation by firms. In their subsequent work, LLSV has expanded the scope of their research to cover broader issues such as the quality of government (La Porta et al, 1999) and judicial check and balances on legislature and executive (La Porta et al, 2004).…”
Section: (B) New Comparative Economicsmentioning
confidence: 99%
“…North () argued that the independence of the justice department will impel the government to make a credible commitment to the protection of private property and freedom of contract. Using a sample of 71 countries, La Porta et al () empirically proved that judicial independence can heighten a country's economic and political freedom, including the protection of people's property rights against infringement by the government.…”
Section: Hypothesis Developmentmentioning
confidence: 99%
“…On the other hand, researchers have continued to face measurement obstacles in studying judicial independence, as it is not directly observable. In recent years, scholars have constructed a number of indicators to measure judicial independence, especially at the country‐level (Feld and Voigt ; La Porta et al ; Linzer and Staton ); however, the validity of judicial independence scores has also been a concern. Riosfigueroa and Staton () evaluated the validity of 13 cross‐national measurements of judicial independence and found little evidence of the direct and strong relationship between constitutional rules and independent judicial behavior claimed by scholars.…”
Section: Introductionmentioning
confidence: 99%