Skip to main content
Article
Guarding the Guardians: Judicial Councils and Judicial Independence
American Journal of Comparative Law (2009)
  • Nuno Garoupa
  • Tom Ginsburg, University of Chicago
Abstract
This paper uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our paper has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for why judicial councils nevertheless remain attractive institutions.
Keywords
  • judicial councils,
  • common law,
  • civil law,
  • judges
Disciplines
Publication Date
2009
Citation Information
Nuno Garoupa and Tom Ginsburg. "Guarding the Guardians: Judicial Councils and Judicial Independence" American Journal of Comparative Law Vol. 57 Iss. 1 (2009) p. 103 - 134
Available at: http://works.bepress.com/nunogaroupa/20/