Institutional Viability and High Courts: A Comparative Analysis of Post-Communist States

Judicial Institutionalization and Business Elite Trust in the Post-Communist Courts

“…In this study, I follow previous research by Bumin et al (2009) and define institutional development of constitutional courts as the process by which courts become differentiated, durable, and autonomous. The authors argue that of the three chief dimensions of institutional development, differentiation refers to the distinctiveness of the court's identity and mission from its surrounding political environment; durability depends on the court's capability to adapt to changes in its environment; autonomy reflects the relationship between judicial capabilities to make independent decisions and external pressures.…”

“…I use the measure of institutional development of the post-communist constitutional courts developed by Bumin et al (2009). This measure is available for all post-communist constitutional courts (from the first year of the country's transition through the year 2005) and consists of eleven indicators of institutional development across the three conceptual dimensions outlined above.…”

“…-Constitutional court viability: An annual measure of institutional development of the constitutional courts developed by Bumin, Randazzo, and Walker (2009). Measure is derived from the principal factor analysis of eleven indicators of institutional development.…”

“…In theory, judicial institutionalization should be reflected in the improvements in the societal perceptions of legitimacy, trustworthiness, and indispensability of the courts and the legal system. Viable (i.e., institutionally-developed) courts should not only act differently, but also be viewed differently from the courts characterized by low levels of institutional development; their stability and value -in fact, their very existence -depends on it (see McGuire, 2004;Thorson, 2004;Bumin, Randazzo, & Walker, 2009). As the courts develop, rising levels of institutionalization should be reflected in the rising levels of public confidence in the judiciary and the country's legal system.…”

Judicial Institutionalization and Judicial Activism of the Post-Communist Constitutional Courts

“…However, simply having a formal responsibility is not enough. In order for a CC to fulfill its role as prescribed by its basic design, and to survive and prosper over time, it must move from the vision of its original founders to a well-defined set of organizational structures, goals, and functions (Bumin, Randazzo, and Walker 2009;McGuire 2004;Thorson 2004;Keohane 1969). Thus, if we want to make sense of the CC's actual stature and influence in the national policy making arena, we must look beyond its basic design in the founding constitution to the dates of its implementation, analyze the precise nature of changes in the court's institutional structure after its creation, and then link these institutional features to the court's policy making activity.…”