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The Puzzling Long-Term Relationship Between De Jure and De Facto Judicial Independence

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  • Hayo, Bernd
  • Voigt, Stefan

Abstract

We study the long-term and dynamic relationship between de jure and de facto judicial independence using a large panel dataset covering 50 countries over a period of 50 years. Our analysis shows a negative relationship between these variables, a sharp contrast to the prevailing theoretical view in the literature. However, the magnitude of the relationship is small. The negative association between the two variables is driven by OECD countries, whereas a positive one can be found for non-OECD countries. We discover no evidence of reverse causality running from de facto to de jure judicial independence.

Suggested Citation

  • Hayo, Bernd & Voigt, Stefan, 2018. "The Puzzling Long-Term Relationship Between De Jure and De Facto Judicial Independence," ILE Working Paper Series 18, University of Hamburg, Institute of Law and Economics.
    • Handle: RePEc:zbw:ilewps:18
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    References listed on IDEAS

    as
    1. Jerg Gutmann & Stefan Voigt, 2020. "Judicial independence in the EU: a puzzle," European Journal of Law and Economics, Springer, vol. 49(1), pages 83-100, February.
    2. Hayo, Bernd & Voigt, Stefan, 2016. "Explaining constitutional change: The case of judicial independence," International Review of Law and Economics, Elsevier, vol. 48(C), pages 1-13.
    3. Kao, Chihwa, 1999. "Spurious regression and residual-based tests for cointegration in panel data," Journal of Econometrics, Elsevier, vol. 90(1), pages 1-44, May.
    4. Joakim Westerlund, 2005. "New Simple Tests for Panel Cointegration," Econometric Reviews, Taylor & Francis Journals, vol. 24(3), pages 297-316.
    5. Hayo, Bernd & Voigt, Stefan, 2007. "Explaining de facto judicial independence," International Review of Law and Economics, Elsevier, vol. 27(3), pages 269-290, September.
    6. Im, Kyung So & Pesaran, M. Hashem & Shin, Yongcheol, 2003. "Testing for unit roots in heterogeneous panels," Journal of Econometrics, Elsevier, vol. 115(1), pages 53-74, July.
    7. Engle, Robert & Granger, Clive, 2015. "Co-integration and error correction: Representation, estimation, and testing," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 39(3), pages 106-135.
    8. Johansen, Soren, 1992. "Testing weak exogeneity and the order of cointegration in UK money demand data," Journal of Policy Modeling, Elsevier, vol. 14(3), pages 313-334, June.
    9. Granger, C W J, 1969. "Investigating Causal Relations by Econometric Models and Cross-Spectral Methods," Econometrica, Econometric Society, vol. 37(3), pages 424-438, July.
    10. Levin, Andrew & Lin, Chien-Fu & James Chu, Chia-Shang, 2002. "Unit root tests in panel data: asymptotic and finite-sample properties," Journal of Econometrics, Elsevier, vol. 108(1), pages 1-24, May.
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    Cited by:

    1. Katarzyna Metelska-Szaniawska & Jacek Lewkowicz, 2021. "Post-socialist “illiberal democracies”: do de jure constitutional rights matter?," Constitutional Political Economy, Springer, vol. 32(2), pages 233-265, June.
    2. Voigt, Stefan, 2020. "Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality," ILE Working Paper Series 32, University of Hamburg, Institute of Law and Economics.

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    More about this item

    Keywords

    Judicial independence; de facto; de jure; long-term panel data analysis; cointegration; Granger causality;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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