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judicial independence across democratic regimes

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 Judicial Independence across Democratic Regimes: Understanding the Varying Impact of Political Competition  Aylin Aydın One of the most prominent explanations of the creation and maintenance of independent judiciary is the “insurance theory” that proposes a positive rela- tionship between political competition and judicial independence. But, does intense political competition inevitably lead to higher levels of judicial inde- pendence across all types of democracies? Conducting a large-N cross-country analysis over 97 democratic countries, this study shows that as democratic quality across countries changes, the impact of political competition on judicial independence changes as well. The empirical findings reveal that while in advanced democracies high levels of political competition enhances judicial independence, in developing democracies political competition significantly hampers the independence of the courts.  A  judiciary that is insulated from legislative and executive influ- ence as well as from other private interests is not only the funda- mental principle of the rule of law but also the central precondition for good governance and consolidation of democracy. Independent courts serve as an effective mechanism that controls and constrains the operation and power of the legislature and executive. Indepen- dent judg es, for instance, ha ve the po we r to punish po litical authorities who abuse or misuse their position. On the other hand, through judicial review independent courts can declare legislative acts or government policies unconstitutional. Being insulated from electoral accountability and other political interferences, an inde- pen dent jud ici ary may also pro duce cou nter-majo rit arian de ci- sions. But then why do the elected representatives of democratic countries construct an independent judiciary in the first place and try to maintain it even when the courts do not render decisions in conformity with their interests or policies?  According to the insurance logic of judicial independence , the politicians who face the possibility of losing power seek to limit their I am grateful to Jeffery K. Staton, the editors and anonymous reviewers of Law & Societ y  Review for their valuable comments and suggestions on various drafts of this article. I would also like to thank Sabri Sayarı, Özge Kemahlıog ˘lu, Jun Koga, and Nathan Danneman for their close readings of the previous drafts. Please direct all correspondence to Aylin Aydın, Department of Political Science, Sabancı University, Universite Caddesi No: 27 34956T uzla- Istanbul/T urkey; e-mail: [email protected] .edu. bs_bs_banner 105  Law & Society Review, Volume 47, Number 1 (2013)

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