Judicial independence: Why does de facto diverge from de jure?

Hayo, Bernd; Voigt, Stefan

doi:10.1016/j.ejpoleco.2023.102454

European Journal of Political Economy

2023

DOI: 10.1016/j.ejpoleco.2023.102454

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Judicial independence: Why does de facto diverge from de jure?

Bernd Hayo,

Stefan Voigt

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2024

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Cited by 3 publications

References 48 publications

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Assessing the impact of federalism on constitutional compliance

Kantorowicz,

Voigt

2024

Const Polit Econ

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Federalism is a constitutionalized version of multi-tier governance. Proponents of veto-player theory argue that a high number of veto players leads to a high degree of policy stability. Compared to states with a unitary structure, federal countries, in which at least one sub-central level of government is constitutionally recognized and endowed with some degree of exclusive competences, dispose of a higher number of veto players, who can voice and challenge constitutional non-compliance by the central government. In this paper, we therefore ask whether federally constituted states also enjoy a higher degree of constitutional compliance, i.e. have governments that respect and enforce the promises made in their country’s constitution. At the same time, with a higher number of governments under federalism, there are more chances that some of them will not comply with constitutional constraints leading to greater non-compliance. To test these hypotheses, we employ data from up to 163 countries and apply standard panel data estimation techniques. Our results indicate that federalism is neither positively nor negatively correlated with constitutional compliance of the respective countries.

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Assessing the impact of federalism on constitutional compliance

Kantorowicz,

Voigt

2024

Const Polit Econ

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Judicial Immunity – A Guarantee of Independence and an Element of Accountability

Jurcena

2024

Acta Prosperitatis

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The aim of the article is to develop a common understanding of the content of judicial immunity and thus to generate a theory on the application of this legal institution in ensuring and balancing judicial independence and accountability. Neither the separation of powers nor the judicial independence precludes the assessment of a judge’s responsibility for violation of the law, however, it is in the interests of both the state and society to ensure the independent exercise of the judicial function. Therefore, there is a need to strike a balance between the independent exercise of the judicial function and the holding of judges accountable. This balance is ensured by judicial immunity. The research was carried out by using the methods of scientific research customary in legal science: literature studies, analytical, comparative, inductive and deductive research methods. The study reveals the aim of judicial immunity, describes its content focusing on two elements of the judicial immunity: non-liability and inviolability and reveals the specific requirements of judicial immunity. The study confirms that well-regulated and responsibly applied judicial immunity ensures that independence and accountability can be balanced.

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Supreme Court of Justice – Competences and Structure Across Europe

Matić Bošković

2024

SPZ

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The article provides comprehensive overview of the diverse landscape of supreme courts across Europe, offering insights into varying structures and functions they embody across different countries. It analyses supreme courts as the only supreme judicial institution or as a part of a broader supreme court system alongside supreme administrative court and/or constitutional courts. The article highlights the diversity in organization of supreme justice and offers a glimpse into a larger project on comparative supreme justice, indicating in-depth analysis of various factors such as the position of supreme courts in different states, recruitment process and the courts’ competencies on the European scale. The article provides valuable insights into the complex and multifaceted nature of supreme courts in Europe. Its approach to presenting specific examples enables a deeper understanding of the topic, making it a useful resource for readers interested in comparative legal systems and judicial structures in different countries. The paper identifies impact of filter model on a Supreme Court’s workload and efficiency of the Court, as well as on the structure. Furthermore, it refers to possible shortcomings of filter model and the jurisprudence of the European Court of Human Rights in that regard.

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Judicial independence: Why does de facto diverge from de jure?

Cited by 3 publications

References 48 publications

Assessing the impact of federalism on constitutional compliance

Assessing the impact of federalism on constitutional compliance

Judicial Immunity – A Guarantee of Independence and an Element of Accountability

Supreme Court of Justice – Competences and Structure Across Europe

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