4: Judicial Power and Independence

Why does anyone pay attention to what courts have to say? In other words, what are the sources of judicial power? This week we consider different conceptions of judicial independence, their relation to attributes that make courts appear conventionally “powerful” and why international courts are frequently thought of as less powerful than domestic courts.

Mandatory readings

Staton, Jeffrey K., and Will H. Moore. “Judicial power in domestic and international politics.” International Organization 65, no. 3 (2011): 553-587.

Optional readings

Vanberg, Georg. “Constitutional courts in comparative perspective: A theoretical assessment.” Annual Review of Political Science 18, no. 1 (2015): 167-185.

Stiansen, Øyvind. “(Non) renewable Terms and Judicial Independence in the European Court of Human Rights.” The Journal of Politics 84, no. 2 (2022): 992-1006.

Shoaib Ghias, 2010. “Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf,” Law & Social Inquiry 35 (4): 985-1022.

Popova, Maria. “Political competition as an obstacle to judicial independence: Evidence from Russia and Ukraine.” Comparative Political Studies 43, no. 10 (2010): 1202-1229.

Melton, James, and Tom Ginsburg. “Does de jure judicial independence really matter?: A reevaluation of explanations for judicial independence.” Journal of Law and Courts 2, no. 2 (2014): 187-217.