Does De Jure Judicial Independence Really Matter?: A Reevaluation of Explanations for Judicial Independence

The relationship between de jure and de facto judicial independence is much debated in the literature. Some studies find no relationship between the formal rules governing the structure of the judiciary and its de facto independence. Other studies find a significant correlation between de jure and de facto judicial independence, with one study even touting de jure judicial independence as the most powerful predictor of de facto judicial independence. This article sets out to explain these divergent findings by reassessing the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. Our findings indicate that rules governing the selection and removal of judges are the only de jure protections that actually enhance judicial independence in practice, and that they work conjunctively. This effect is strongest in authoritarian regimes and in contexts with checks on executive authority.