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Provincial supreme courts are important players in local politics because justices can affect the interest of the ruling governors; however, no research has addressed the factors that affect judicial turnover in provincial high courts in new democracies. This research attempts to fill this gap by using original data on the 525 departures of all provincial high court justices in Argentina from 1983 to 2009. My guiding hypothesis is that the stability of a justice on the bench depends on the political proximity of the justice to the ruling governor rather than on the executive's institutional capacity to impeach. This study reveals that being aligned with the faction of the ruling governor is a major factor in accounting for judicial turnover not only in single-party provinces, as expected, but also in multi-party provinces. Because provincial politics have proven to be a major source of power for national politicians, governors would prefer to have a friendly court during their administration.
Legal scholars frequently advocate institutional reforms to modernize the judiciary and promote judicial independence. However, constitutional reforms also offer an opportunity for politicians to reshuffle the high courts. The negative consequences of constitutional change for judicial stability are explored using an original database of Supreme Court and Constitutional Tribunal members in eighteen Latin American countries between 1904 and 2010. Because unobserved factors potentially explain constitutional replacement as well as judicial turnover, a two-stage event-history model has been employed. The analysis integrates two literatures, studies of constitution-making and studies of judicial politics. The results show that constitutional change is a significant cause of judicial instability and court manipulation, even after potential endogeneity has been taken into account.
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