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  • 1
    Publication Date: 2018-10-10
    Description: This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a cross-regional study of individual judicial departures in six consolidating democracies with elected presidents, three of them located in Latin America (Argentina, Chile, and Paraguay) and three in sub-Saharan Africa (Benin, Madagascar, and Senegal). We developed a unique data set containing information on 143 high-court judges in office since democratisation. We classified judicial departures as due and undue, and using a survival model we estimated the impact of institutional, political, personal, and contextual factors. The results indicate that undue judicial departures occur regardless of the region, but are most probable under the rule of politically powerful executives, and where there are lower levels of democracy and development.
    Keywords: ddc:300 ; judicial politics ; constitutional court ; supreme court ; judge ; Latin America ; Francophone Africa ; democratisation ; separation of powers
    Repository Name: EconStor: OA server of the German National Library of Economics - Leibniz Information Centre for Economics
    Language: English
    Type: doc-type:workingPaper
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  • 2
    Publication Date: 2018-10-10
    Description: This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on perceptions recorded in interviews, then applies the strategy to six third-wave democracies, three in Africa (Benin, Madagascar and Senegal) and three in Latin America (Argentina, Chile and Paraguay). It also examines how three conditioning factors affect the level of informal judicial interference: formal rules, previous democratic experience, and socioeconomic development. Our results show that countries with better performance in all these conditioning factors exhibit less informal interference than countries with poorer or mixed performance. The results stress the importance of systematically including informal politics in the study of judicial politics.
    Keywords: ddc:300 ; judicial politics ; constitutional court ; supreme court ; Latin America ; Francophone Africa ; democratization ; separation of powers ; informal politics
    Repository Name: EconStor: OA server of the German National Library of Economics - Leibniz Information Centre for Economics
    Language: English
    Type: doc-type:workingPaper
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
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