Administrative / Constitutional Law

The Political Foundations of Judicial Independence in Dictatorship and Democracy

By Brad Epperly
Oxford University Press September 2019

Specifications

ISBN-13
9780198845027
Publisher
Oxford University Press
Publication
September 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 " 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.

Table of Contents

Introduction
1: The Expected Utility of Insurance
2: The Mechanisms of Insurance
3: Examining Insurance Across Regime Type
4: Integrating de jure Independence
5: Conclusion
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