Mapping Constitutionally Safeguarded Judicial Independence — A Global Survey

نویسندگان

چکیده

De jure judicial independence (JI) is the single most important predictor of de facto JI. In this paper, we describe under what conditions countries are likely to include JI in their constitutions. We and analyze both original choice regard as well change over time using a newly constructed dataset comprised 100 covering years between 1950 2005. Three results stand out. First, legal origins do have an impact on likelihood explicitly anchoring constitution: belonging common law tradition less implement constitutions (and those with socialist more so). Correspondingly, former British colonies address states Caribbean. Second, religion has significant whether included societies experiencing high level religious fractionalization not only anchor constitutions, but also that direction later on. Finally, Muslim mention JI, whereas Protestant so. Third, distribution resources within important—and largely unexpected—effects: higher percentage family farms, wider education, urban dwellers all connected lower being mentioned constitution.

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ژورنال

عنوان ژورنال: Social Science Research Network

سال: 2023

ISSN: ['1556-5068']

DOI: https://doi.org/10.2139/ssrn.4372536