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The Political Foundations of Judicial Independence in Dictatorship and Democracy


ISBN13: 9780198845027
Published: September 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £81.00



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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.

Subjects:
Judiciary
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