 Judicial independence: Why does de facto diverge from de jure?European Journal of Political Economy, 2023, vol. 79, issue C Abstract: An independent judiciary is often hailed as one of the most important aspects of the rule of law. Securing judicial independence (JI) via explicit constitutional rules seems straightforward and there is evidence that de jure and de facto JI are linked, at least in the long term. However, the realized degree of judicial independence often diverges significantly from the constitutionally guaranteed one. Based on a worldwide panel dataset from 1950 to 2018, we find that a negative gap, that is, when de jure JI > de facto JI, is very common. Factors associated with a decreasing gap are the number of veto players and the extent of press freedom and democracy, whereas corruption is associated with an increasing gap between de jure JI and de facto JI. Keywords: Judicial independence; Constitutional compliance; de jure; de facto; de jure-de facto gap (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:eee:poleco:v:79:y:2023:i:c:s0176268023000988 DOI: 10.1016/j.ejpoleco.2023.102454 Access Statistics for this article European Journal of Political Economy is currently edited by J. De Haan, A. L. Hillman and H. W. Ursprung More articles in European Journal of Political Economy from Elsevier |
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