TITLE

A Tale of Two Transitions

AUTHOR(S)
Beers, Daniel J.
PUB. DATE
January 2010
SOURCE
Demokratizatsiya;Winter2010, Vol. 18 Issue 1, p28
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Much of the debate about the rule of law in democratizing states centers on formal institutional design as the key to building a democratic judiciary. While acknowledging the importance of a good institutional blueprint, I argue that superior institutional rules do not necessarily lead to a healthy judicial culture that enshrines democratic principles and compels actors within the judiciary to take the formal rules seriously. Drawing on nearly 400 original survey and interview responses from judges in Romania and the Czech Republic, this article offers an empirical overview of aggregatelevel trends across several key dimensions of judicial culture, including perceptions of judicial independence, attitudes toward corruption in the judiciary, and the professional satisfaction and commitment of judges. The findings of the study not only run counter to the institutionalist thesis that better institutional rules will produce a more democratic judiciary, they suggest an important theoretical linkage between judicial culture and patterns of trust in the self-governing institutions of the judiciary.
ACCESSION #
48304421

 

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