The political foundations of judicial independence in dictatorship and democracy / Brad Epperly.

Format:

Book

Author/Creator:

Epperly, Brad, 1980- author.

Language:

English

Subjects (All):

Judicial independence.

Judicial power.

Justice, Administration of--Political aspects.

Justice, Administration of.

Physical Description:

viii, 203 pages : illustrations ; 24 cm

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2019.

Summary:

This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full "insurance" account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 <"constitutional coup,>" and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.

Contents:

1 The Expected Utility of Insurance p. 8

1.1 Competition and Independence in Democracies p. 12

1.2 Competition and Independence in Non-democracies p. 21

1.3 The Expected Utility of Insurance p. 35

2 The Mechanisms of Insurance p. 48

2.1 The Mechanisms of the Insurance Model p. 50

2.2 Binding Future Rulers: Examining the Unexamined p. 53

2.3 The Provision of Insurance p. 70

3 Examining Insurance across Regime Type p. 91

3.1 Competition, Independence, and Democracy p. 92

3.2 Analyzing Competition and Independence p. 99

3.3 Competition, Independence, and Causal Inference p. 110

4 Integrating De Jure Independence p. 125

4.1 Competition and De Jure Independence p. 127

4.2 Competition and De Jure Independence in Hungary p. 140

4.3 Testing De Jure vs. De Facto Independence beyond Hungary p. 163

5.1 Summary of the Argument p. 169.

Notes:

Includes bibliographical references (pages 183-197) and index.

ISBN:

0198845022

9780198845027

OCLC:

1089885493