Where are the women? Legal traditions and descriptive representation on the European Court of Justice

Gill, Rebecca D.; Jensen, Christian

doi:10.1080/21565503.2018.1442726

Cited by 4 publications

(1 citation statement)

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“…In answering this question, we look to scholarship on the underrepresentation of women in the judiciary, as all-male courts reflect a radical form of underrepresentation. Many of the potential causes of the underrepresentation of women on peak courts involve deeply complicated sociocultural processes, including limited availability pools that follow from gendered appointments to lower courts (Anleu and Mack 2009;Epstein, Knight, and Martin 2003), elite networks that fail to identify qualified candidates (Hennette Vauchez 2015), informal qualifications that exclude women (Gill and Jensen 2020), and culturally structured role perceptions that make a prestigious judicial career simply easier for men to pursue (Feenan 2008;Kim 2009). Just as scholars interested in descriptive representation among members of parliament have focused on the rules for selecting candidates, judicial scholars have focused on appointment processes.…”

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confidence: 99%

Constitutional Reform and the Gender Diversification of Peak Courts

et al. 2021

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Do the processes states use to select judges for peak courts influence gender diversity? Scholars have debated whether concentrating appointment power in a single individual or diffusing appointment power across many individuals best promotes gender diversification. Others have claimed that the precise structure of the process matters less than fundamental changes in the process. We clarify these theoretical mechanisms, derive testable implications concerning the appointment of the first woman to a state’s highest court, and then develop a matched-pair research design within a Rosenbaum permutation approach to observational studies. Using a global sample beginning in 1970, we find that constitutional change to the judicial selection process decreases the time until the appointment of the first woman justice. These results reflect claims that point to institutional disruptions as critical drivers of gender diversity on important political posts.

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confidence: 99%