Does Judicial Independence Exist?: The Lessons of Social Science Research

My frustration with much of the scholarshp on judicial independence is the lack of empirical grounding for its key claims. Whether one's goal is to protect judicial independence or to limit it, social science research regarding courts has much to offer and is ignored at the reformer's peril. This chapter examines several facts about courts that empirical research has consistently revealed and contrasts them with the claims made about judicial independence, noting the wide gap between the two. I conclude with a call for greater accuracy and less advocacy in our discussions about judicial independence and an appreciation of the virtues of limited judicial independence.