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Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition

  • Aylin Aydin Cakir

Research output: Contribution to Journal › Article › Academic › peer-review

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
Early online date21 Feb 2013
DOIs
Publication statusPublished - Mar 2013

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 17 - Partnerships for the Goals
    SDG 17 Partnerships for the Goals

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