Mapping Constitutionally Safeguarded Judicial Independence—A Global Survey

Hayo, Bernd; Voigt, Stefan

doi:10.1111/jels.12038

Cited by 31 publications

(12 citation statements)

References 40 publications

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“…One might expect that such a sharp increase in de jure judicial independence would be accompanied by an increase in de facto judicial independence. Hayo and Voigt's (2007;2010) findings would certainly support such an expectation. They find that, while de jure judicial independence is not closely related to de facto independence, it is still the single most important determinant thereof (Hayo and Voigt 2007).…”

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confidence: 72%

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Does De Jure Judicial Independence Really Matter?

2014

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The relationship between de jure and de facto judicial independence is much debated in the literature. Some studies find no relationship between the formal rules governing the structure of the judiciary and its de facto independence. Other studies find a significant correlation between de jure and de facto judicial independence, with one study even touting de jure judicial independence as the most powerful predictor of de facto judicial independence. This article sets out to explain these divergent findings by reassessing the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. Our findings indicate that rules governing the selection and removal of judges are the only de jure protections that actually enhance judicial independence in practice, and that they work conjunctively. This effect is strongest in authoritarian regimes and in contexts with checks on executive authority.

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confidence: 72%

“…Our first criterion is simply nominal: we ask whether the constitution contains an explicit declaration regarding the independence of the central judicial organ. This is the variable analyzed in Hayo and Voigt (2010).…”

Section: Components Of De Jure Judicial Independencementioning

confidence: 99%

Does De Jure Judicial Independence Really Matter?

2014

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“…These studies overlook the behavioral aspect of judicial empowerment which operates in social and political context. There is little writing on behavioral aspect of judicial empowerment in a non-democratic context (Epperly author., 2019;Epperly & Sievert, 2019;Hayo & Voigt, 2014;Linzer & Staton, 2015;Voigt & Hayo, 2006). This study will use the case of Pakistan to explain how judicial empowerment increases because of increasing mobilization of lawyers' community and their support for the judiciary.…”

Section: Literature Reviewmentioning

confidence: 99%

Judicial Empowerment and the Support of the Legal Community in Pakistan

Iqbal¹

2022

PSSR

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The objective of this paper is to examine the nature and scope of the relationship between the support of the legal community for the judiciary and judicial empowerment in Pakistan. It also evaluates the nature and scope of judicial empowerment which increased due to the support of the legal community for the judiciary in Pakistan during the mid 2000s. Before 2005, the higher judiciary in Pakistan was not powerful in terms of making bold decisions against the interests of other branches of the state. However, the legal community supported the judiciary from 2007 onwards which resulted in judicial empowerment visible in landmark decisions by the Supreme Court of Pakistan against the government from 2009 onwards. The paper found that the support of the legal community for the judiciary leads to judicial empowerment. The judiciary has neither guns nor purse on the basis of which it can make bold decisions and implement those decisions. Therefore, the support of the legal community is essential for judial empowerment. This paper recommends strong engagement between the judiciary and the legal community in Pakistan as the two are interconnected. A strong, vibrant, active, and supportive legal community can further empower the judiciary in Pakistan.

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“…One of the theory's many weaknesses deserves special mention here: if legislators are assumed to be rational everywhere, there should be no variation in the degree of JI across countries. However, the recent descriptive study by Hayo and Voigt (2010b), which is based on a large sample of countries, shows that there is substantial cross-country variation. Thus, there is some doubt as to the validity of Landes and Posner's (1975) theory.…”

Section: Survey Of the Literaturementioning

confidence: 99%

“…In this paper, we study the determinants of changes in de jure JI as set forth in constitutional documents using multivariate estimation methods and employing a new large-scale panel dataset covering up to 100 countries over the period 1950 to 2005. We provide only a brief overview of our novel dataset here as it is described thoroughly in Hayo and Voigt (2010b). 2 We construct two indicators of constitutionally safeguarded JI-a narrow one and a broad one.…”

Section: Introductionmentioning

confidence: 99%

Explaining Constitutional Change: The Case of Judicial Independence

Hayo

Voigt

2012

SSRN Journal

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This paper studies the factors driving changes in judicial independence (JI) as incorporated in constitutions. Two indicators of constitutionally safeguarded JI are constructed. Variations in these indicators are identified based on changes in the constitutions of as many as 100 countries that occurred between 1950 and 2005. Four groups of factors are conjectured to be relevant for explaining these changes. We find only weak evidence for the insurance theory of judicial independence but strong evidence that the characteristics of individual leaders-such as how they acquired or lost power-play an important role in explaining changes in constitutionally safeguarded JI. This paper contributes not only to the literature on JI but also to the theory of endogenous constitutions.

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Mapping Constitutionally Safeguarded Judicial Independence—A Global Survey

Cited by 31 publications

References 40 publications

Does De Jure Judicial Independence Really Matter?

Does De Jure Judicial Independence Really Matter?

Judicial Empowerment and the Support of the Legal Community in Pakistan

Explaining Constitutional Change: The Case of Judicial Independence

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