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Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton Jan 2014

Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton

Tom Ginsburg

The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the formal rules governing the structure of the judiciary and de facto judicial independence, while others find a tight correlation. This article sets out to reassess the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. De jure institutional protections, we argue, do not work in isolation but work conjunctively, so that particular combinations of protections are more likely to be effective than others. We find …


Judicial Independence In East Asia: Implications For China, Tom Ginsburg Jan 2010

Judicial Independence In East Asia: Implications For China, Tom Ginsburg

Tom Ginsburg

This chapter explores the experience of China’s East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China’s own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural traditions, and …


The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa Jan 2009

The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa

Tom Ginsburg

No abstract provided.


Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg Jan 2008

Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg

Tom Ginsburg

No abstract provided.


Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg Jan 2008

Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg

Tom Ginsburg

No abstract provided.