Party polarization and its consequences for judicial power and judicial independence

Abstract

In this article I reconsider the party-level forces affecting the establishment of judicial review and judicial independence. Though most current theory examines the competitiveness of the party system, I argue instead that the level of party polarization should lead to demonstrable effects on the establishment of judicial review and judicial independence rules. Using data on party polarization from the Manifesto Project, I test this theory on 38 (mostly European) countries. Results indicate a robust relationship between polarization and the presence of strong judicial independence protections, and also reinforce the importance of party competition for the establishment of judicial review. These results have important implications for constitutional design and the development of judicial power, as well as practical implications for the ability of polarized societies to develop institutions that mediate conflict.