Examining the Development of Judicial Independence. (September 2016)

• Record Type: Journal Article
• Authors: Randazzo, Kirk A.; Gibler, Douglas M.; Reid, Rebecca
• Is Part Of: Political research quarterly. Volume 69:Number 3(2016:Sep.)
• Page Start: 583
• Page End: 593
• Publication Date: 2016-09
• Subjects: judicial independence -- rule of law -- comparative institutions; Political science -- Periodicals; Science politique -- Périodiques; 320
• DOI: 10.1177/1065912916656277
• Languages: English
• ISSNs: 1065-9129

Abstract

Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is in jeopardy. Other scholars argue that insurance theory does not offer an adequate explanation until states democratize. We argue that part of the explanation for these mixed results involves the inadequacy of insurance theory as a complete explanation. Our paper develops a multidimensional theory that focuses on the interplay of constraints on ruling elites derived from levels of political competition within the government, the potential for social competition within the state, and regime type. We test our argument using a dataset of approximately 145 countries over forty years, and our results support the argument that development of judicial independence is related to the political landscape encountered by the executive. Ethnic fractionalization in the state, political competition, and regime type each has a conditional effect on the observation of judicial independence.