Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/157347
Authors: 
Llanos, Mariana
Heyl, Charlotte
Lucas, Viola
Stroh, Alexander
Tibi Weber, Cordula
Year of Publication: 
2017
Series/Report no.: 
GIGA Working Papers 300
Abstract: 
This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a cross-regional study of individual judicial departures in six consolidating democracies with elected presidents, three of them located in Latin America (Argentina, Chile, and Paraguay) and three in sub-Saharan Africa (Benin, Madagascar, and Senegal). We developed a unique data set containing information on 143 high-court judges in office since democratisation. We classified judicial departures as due and undue, and using a survival model we estimated the impact of institutional, political, personal, and contextual factors. The results indicate that undue judicial departures occur regardless of the region, but are most probable under the rule of politically powerful executives, and where there are lower levels of democracy and development.
Subjects: 
judicial politics
constitutional court
supreme court
judge
Latin America
Francophone Africa
democratisation
separation of powers
Document Type: 
Working Paper

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