Is There a Politically Optimal Level of Judicial Independence?

S-Tier
Journal: American Economic Review
Year: 2004
Volume: 94
Issue: 3
Pages: 712-729

Score contribution per author:

8.043 = (α=2.01 / 1 authors) × 4.0x S-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

Independent courts render current policy more durable (by raising the cost of future policy changes) but may also engage in policy-making of their own. This paper asks: Is there an optimal level of judicial independence from the perspective of incumbent officials in the other branches? To answer that question, the paper develops a model of strategic institutional choice, and tests it on the judicial institutions of the American states. Consistent with the model's predictions, the most independenceenhancing institutions are found where political competition between rival parties is tightest and differences between party platforms are largest.

Technical Details

RePEc Handle
repec:aea:aecrev:v:94:y:2004:i:3:p:712-729
Journal Field
General
Author Count
1
Added to Database
2026-01-25