Judicial Independence and the Democratic Order

Abstract

Reseña:Do legal institutions that limit governmental power promote order in democracies? Although the worldwide rule of law project predicates its reform efforts on knowing the answer to this question, we are aware of no systematic empirical test. Further mainstream literatures on democratic survival and civil conflict simply ignore the role of law in promoting order. In this paper we suggest how models of law can be linked to political economies of order. On this account, independent courts help police fundamental democratic compromises by addressing problems of monitoring and coordination. Empirically, we find that independent courts encourage order, but especially so when macroeconomic conditions favor inter-class compromise and when natural resources incentivize predation. The key implication is that though judicial reform may ultimately help stabilize regimes in some contexts, in others, its effect on order will be small and indirect at best.