
Contents
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1 The Puzzle of Judicial Independence 1 The Puzzle of Judicial Independence
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2 Explaining Judicial Independence 2 Explaining Judicial Independence
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3 Constitutional Structure and Judicial Independence 3 Constitutional Structure and Judicial Independence
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4 Endogenous Explanations for Judicial Independence 4 Endogenous Explanations for Judicial Independence
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5 Exogenous Explanations for Judicial Independence 5 Exogenous Explanations for Judicial Independence
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6 Law as a Public Good 6 Law as a Public Good
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7 The Role of Strategic Judges in Maintaining Judicial Independence 7 The Role of Strategic Judges in Maintaining Judicial Independence
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8 Conclusion 8 Conclusion
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References References
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7 Establishing and Maintaining Judicial Independence
Get accessGeorg Vanberg is Ernestine Friedl Distinguished Professor of Political Science and Law and Chair of the Department of Political Science at Duke University. His research focuses on political institutions, including courts, legislatures, and coalition governance. His work has been published in the American Political Science Review, the American Journal of Political Science, and the Journal of Politics, among others. He is the author of Parliaments and Coalitions (with Lanny Martin, Oxford University Press) and The Politics of Constitutional Review in Germany (Cambridge University Press).
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Published:02 September 2009
Cite
Abstract
The ideal of judicial independence expresses the aspiration that judicial decisions should not be influenced in an inappropriate manner by considerations judged to be normatively irrelevant. Typically, judicial independence in this sense is associated with independence from the political interests of current office holders. Judges are independent when threats of sanctions or promises of rewards by public officials in return for favorable decisions do not have inappropriate sway over their decisions. An independent judiciary is created and maintained primarily because it serves the interests of those in a position to undermine it. This article considers how judicial independence can be established and maintained. It discusses the connection between judicial accountability and independence, and the role that accountability may play in preserving independence. The article also examines separation of powers and how it can guarantee judicial independence, and issues of credibility and reciprocity.
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