Perceptions of the Rule of Law: Evidence on the Impact of Judicial Insulation*. (10th October 2018)

• Record Type: Journal Article
• Authors: Yates, Jeff; Whitford, Andrew B.; Brown, David
• Is Part Of: Social science quarterly. Volume 100:Number 1(2019)
• Page Start: 198
• Page End: 214
• Publication Date: 2018-10-10
• Subjects: Political science -- Periodicals; Social sciences -- Periodicals; 300
• DOI: 10.1111/ssqu.12538
• Languages: English
• ISSNs: 0038-4941

Abstract

Abstract : Objectives: The purpose of this article is to determine whether judicial insulation influences how individuals assess the rule of law. Methods: We employ panel data models using data collected by the World Bank and other sources to differentiate the influence of two kinds of judicial insulation—designed (de jure) and implemented (de facto)—on individuals' perceptions of the viability of the rule of law in their country. Results: We find that while insulation (as designed) has no bearing on how individuals score rule of law strength, insulation (as implemented) increases individual assessments. Notably, we find that disappointment from unmet expectations—where institutional implementation falls short of design—negatively influences rule of law strength scores. Conclusions: We conclude that the degree to which expectations regarding the insulation and independence of the judiciary are met (or not met) can have important implications for how the viability of the rule of law is perceived.