Judicial independence across democratic regimes: Understanding the varying impact of political competition

Aylin Aydın*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

35 Citations (Scopus)
87 Downloads (Pure)

Abstract

One of the most prominent explanations of the creation and maintenance of independent judiciary is the "insurance theory" that proposes a positive relationship between political competition and judicial independence. But, does intense political competition inevitably lead to higher levels of judicial independence across all types of democracies? Conducting a large-N cross-country analysis over 97 democratic countries, this study shows that as democratic quality across countries changes, the impact of political competition on judicial independence changes as well. The empirical findings reveal that while in advanced democracies high levels of political competition enhances judicial independence, in developing democracies political competition significantly hampers the independence of the courts.

Original languageEnglish
Pages (from-to)105-134
Number of pages30
JournalLaw and Society Review
Volume47
Issue number1
DOIs
Publication statusPublished - 1 Mar 2013
Externally publishedYes

Bibliographical note

© 2013 Law and Society Association.

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