ABSTRACT
Judicial strength is crucial for democracy and development. Effective judicial institutions—accessible, efficient and independent—enhance the ability of ordinary citizens to vindicate their rights and liberties, leading to the fuller enjoyment of civil rights, or what scholars have called the “civil dimension” of democratic citizenship (Marshall 1965; O’Donnell 1993; UNDP 2004). Regarding economic development, effective courts facilitate the enforcement of contract and property rights, improving economic transactions (Kaufman, Kraay and Zoido-Lobatón 1999; Cross 2002). Further, effective courts are also representative to the extent that they perform these functions well for broad sectors of society, not just for political or economic elites or dominant majorities. In short, strong courts are vital for both democracy and markets, so understanding the sources of judicial strength—understood here as effectiveness and representativeness—is a vital concern for scholars and policymakers alike.
