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Full-Text Articles in Law
Reputation, Information And The Industrial Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Reputation, Information And The Industrial Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
The reputation of the judiciary, individually or as a whole, determines its status in any given society and its ability to compete effectively for resources. We analyze reputation and make three claims. First, reputation matters. Virtually every theory of judicial power is dependent, ultimately, on perceptions of judges, who famously lack the purse or the sword. Our second claim is that reputation can be divided into individual and collective components. Individual reputation provides information about individual performance whereas collective reputation provides information about the quality of the judiciary in general. We use the economics of team production to analyze the …
Guarding The Guardians: Judicial Councils And Judicial Independence, Tom Ginsburg, Nuno Garoupa
Guarding The Guardians: Judicial Councils And Judicial Independence, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …
Constitutional Afterlife: The Continuing Impact Of Thailand's Postpolitical Constitution, Tom Ginsburg
Constitutional Afterlife: The Continuing Impact Of Thailand's Postpolitical Constitution, Tom Ginsburg
Tom Ginsburg
Thailand’s constitution of 1997 introduced profound changes into the country’s governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on …
The Endurance Of National Constitutions, Tom Ginsburg, Zachary Elkins, James Melton
The Endurance Of National Constitutions, Tom Ginsburg, Zachary Elkins, James Melton
Tom Ginsburg
No abstract provided.
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Tom Ginsburg
Observers of the global judicialization of politics have noted the spread of constitutional courts around the world, which made their appearance in early twentieth-century Europe1 and became seemingly required practice thereafter in Asia, Africa, and Latin America.2 The paradigmatic power of these courts is constitutional review, in which a court evaluates legislation, administrative action, or an international treaty for compatibility with the written constitution. It is natural that writers on the new constitutional courts have concentrated attention on judicial review, for it is here that the courts’ lawmaking power is at its apex. Relatively free of the threat of correction …
Does The Process Of Constitution-Making Matter?, Tom Ginsburg, Zachary Elkins, Justin Blount
Does The Process Of Constitution-Making Matter?, Tom Ginsburg, Zachary Elkins, Justin Blount
Tom Ginsburg
No abstract provided.
International Delegation And State Disaggregation, Tom Ginsburg
International Delegation And State Disaggregation, Tom Ginsburg
Tom Ginsburg
Following Voigt and Salzberger (2002) this paper considers the tradeoff between international and domestic delegation devices, and argues that the two are largely complements rather than substitutes. It then explores the domestic separation of powers as an explanatory factor in understanding different levels of international delegation across states. It argues that the domestic separation of powers is a driving factor in propensity to delegate, and provides some empirical evidence in this regard. Federal states and those with bicameral legislatures are more likely to sign treaties and join international organizations. Presidential systems, however, are no more likely to do so than …
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
Tom Ginsburg
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
No abstract provided.
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
No abstract provided.
The Judicialization Of Administrative Governance: Causes, Consequences And Limits, Tom Ginsburg
The Judicialization Of Administrative Governance: Causes, Consequences And Limits, Tom Ginsburg
Tom Ginsburg
No abstract provided.
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
Tom Ginsburg
This paper considers the International Criminal Court’s recent indictment of Sudanese President Omar al-Bashir in light of what it characterizes as a clash of commitments. Weak states sign on to the ICC to commit to prosecuting their opponents and so need relatively certain prosecution; the ICC has a similar interest in assuring that prosecutions go forward without regard to political considerations. Yet sometimes states and the international community need to make another form of commitment, namely a commitment not to prosecute. These competing imperatives cannot easily co-exist, and the indictment of al-Bashir brings them into direct conflict. The long delay …