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Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding

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  • Douglas M. Gibler
  • Kirk A. Randazzo

Abstract

We test the efficacy of judicial independence in preventing regime reversals toward authoritarianism. Using a dataset of judicial constraints across 163 different countries from 1960 to 2000, we find that established independent judiciaries prevent regime changes toward authoritarianism across all types of states. Established courts are also capable of thwarting regime collapses in nondemocracies. These results provide some of the first large‐n evidence confirming the ability of the judiciary to maintain regime stability. Unfortunately, however, the beneficial effects of court systems seem to take time to develop. The evidence indicates that newly formed courts are positively associated with regime collapses in both democracies and nondemocracies.

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  • Douglas M. Gibler & Kirk A. Randazzo, 2011. "Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding," American Journal of Political Science, John Wiley & Sons, vol. 55(3), pages 696-709, July.
    • Handle: RePEc:wly:amposc:v:55:y:2011:i:3:p:696-709
    DOI: 10.1111/j.1540-5907.2010.00504.x
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    Cited by:

    1. Appel, Benjamin J & Croco, Sarah E, 2024. "Democratic Backsliding and Foreign Policy," Institute on Global Conflict and Cooperation, Working Paper Series qt8s31h6c9, Institute on Global Conflict and Cooperation, University of California.
    2. Katsamunska Polya & Rosenbaum Allan, 2016. "Strategies for Achieving Accountable, Open and Transparent Government as Illustrated in the Case of Bulgaria," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 9(2), pages 29-48, December.
    3. Jessica Maves Braithwaite & Joseph M Cox & Margaret Farry, 2022. "Tactics of resistance and post-conflict judicial independence," Journal of Peace Research, Peace Research Institute Oslo, vol. 59(6), pages 779-793, November.

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