Work

Judicial Checks and Balances

Year: 2004

Type: article

Abstract: In the Anglo‐American constitutional tradition, judicial checks and balances are often seen as crucial guarantees of freedom. Hayek distinguishes two ways in which the judiciary provides such checks and balances: judicial independence and constitutional review. We create a new database of constitutional rules in 71 countries that reflect these provisions. We find strong support for the proposition that both judicial independence and constitutional review are associated with greater freedom. Consistent with theory, judicial independence accounts for some of the positive effect of common‐law legal origin on measures of economic freedom. The results point to significant benefits of the Anglo‐American system of government for freedom.

Source: Journal of Political Economy

DOI: 10.1086/381480

Authors: Rafael La Porta, Florencio López‐de‐Silanes, Cristian Pop‐Eleches, Andrei Shleifer

Institutions: Dartmouth College, Yale University, Columbia University, Harvard University

Language: English

Topic: Judicial and Constitutional Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W2138522037

FWCI: 310.6

Cites: 45

Cited by: 672

Related to: 10