The Puzzling Long-Term Relationship Between De Jure and De Facto Judicial Independence

Bernd Hayo and Stefan Voigt

No 18, ILE Working Paper Series from University of Hamburg, Institute of Law and Economics

Abstract: We study the long-term and dynamic relationship between de jure and de facto judicial independence using a large panel dataset covering 50 countries over a period of 50 years. Our analysis shows a negative relationship between these variables, a sharp contrast to the prevailing theoretical view in the literature. However, the magnitude of the relationship is small. The negative association between the two variables is driven by OECD countries, whereas a positive one can be found for non-OECD countries. We discover no evidence of reverse causality running from de facto to de jure judicial independence.

Keywords: Judicial independence; de facto; de jure; long-term panel data analysis; cointegration; Granger causality (search for similar items in EconPapers)
JEL-codes: D72 D78 K42 (search for similar items in EconPapers)
Date: 2018
New Economics Papers: this item is included in nep-law
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Citations: View citations in EconPapers (2)

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Persistent link: https://EconPapers.repec.org/RePEc:zbw:ilewps:18

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