{"title":"法院打包和司法操纵","authors":"Justin T. Callais , Gor Mkrtchian","doi":"10.1016/j.ejpoleco.2024.102536","DOIUrl":null,"url":null,"abstract":"<div><p>Judicial independence is a fundamental pillar of a liberal democracy. In one of its most basic functions, judicial independence impedes the ability to engage in executive overreach. Judicial manipulation, particularly the infamous practice of court-packing, threatens this pillar. Court-packing and other forms of judicial manipulation can exacerbate executive corruption and worsen government accountability and the rule of law. Using synthetic control analyses, we examine three countries (Hungary, Poland, and Turkey) that recently implemented waves of judicial manipulation that included outright court-packing. Our results provide evidence that in every case, executive corruption worsens and scores on accountability and rule of law decrease relative to the counterfactual. Furthermore, the gap between the <em>de jure</em> constitutional provisions and the actual de facto practice of those provisions (constitutional compliance) widens. In each case, these results are large in magnitude and almost always statistically significant.</p></div>","PeriodicalId":51439,"journal":{"name":"European Journal of Political Economy","volume":"83 ","pages":"Article 102536"},"PeriodicalIF":2.3000,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Court-packing and judicial manipulation\",\"authors\":\"Justin T. Callais , Gor Mkrtchian\",\"doi\":\"10.1016/j.ejpoleco.2024.102536\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>Judicial independence is a fundamental pillar of a liberal democracy. In one of its most basic functions, judicial independence impedes the ability to engage in executive overreach. Judicial manipulation, particularly the infamous practice of court-packing, threatens this pillar. Court-packing and other forms of judicial manipulation can exacerbate executive corruption and worsen government accountability and the rule of law. Using synthetic control analyses, we examine three countries (Hungary, Poland, and Turkey) that recently implemented waves of judicial manipulation that included outright court-packing. Our results provide evidence that in every case, executive corruption worsens and scores on accountability and rule of law decrease relative to the counterfactual. Furthermore, the gap between the <em>de jure</em> constitutional provisions and the actual de facto practice of those provisions (constitutional compliance) widens. In each case, these results are large in magnitude and almost always statistically significant.</p></div>\",\"PeriodicalId\":51439,\"journal\":{\"name\":\"European Journal of Political Economy\",\"volume\":\"83 \",\"pages\":\"Article 102536\"},\"PeriodicalIF\":2.3000,\"publicationDate\":\"2024-05-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Journal of Political Economy\",\"FirstCategoryId\":\"96\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0176268024000387\",\"RegionNum\":3,\"RegionCategory\":\"经济学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ECONOMICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Political Economy","FirstCategoryId":"96","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0176268024000387","RegionNum":3,"RegionCategory":"经济学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ECONOMICS","Score":null,"Total":0}
Judicial independence is a fundamental pillar of a liberal democracy. In one of its most basic functions, judicial independence impedes the ability to engage in executive overreach. Judicial manipulation, particularly the infamous practice of court-packing, threatens this pillar. Court-packing and other forms of judicial manipulation can exacerbate executive corruption and worsen government accountability and the rule of law. Using synthetic control analyses, we examine three countries (Hungary, Poland, and Turkey) that recently implemented waves of judicial manipulation that included outright court-packing. Our results provide evidence that in every case, executive corruption worsens and scores on accountability and rule of law decrease relative to the counterfactual. Furthermore, the gap between the de jure constitutional provisions and the actual de facto practice of those provisions (constitutional compliance) widens. In each case, these results are large in magnitude and almost always statistically significant.
期刊介绍:
The aim of the European Journal of Political Economy is to disseminate original theoretical and empirical research on economic phenomena within a scope that encompasses collective decision making, political behavior, and the role of institutions. Contributions are invited from the international community of researchers. Manuscripts must be published in English. Starting 2008, the European Journal of Political Economy is indexed in the Social Sciences Citation Index published by Thomson Scientific (formerly ISI).