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Measuring Judicial Independence Reconsidered: Survival Analysis, Matching, and Average Treatment Effects

Published online by Cambridge University Press:  10 February 2015

KENTARO FUKUMOTO
Affiliation:
Gakushuin University, Japan Washington University in St. Louis, USAKentaro.Fukumoto@gakushuin.ac.jp
MIKITAKA MASUYAMA
Affiliation:
National Graduate Institute for Policy Studies, Japanmmasuyama@grips.ac.jp

Abstract

This article reconsiders how to judge judicial independence by using the Japanese judicature, one of the allegedly-most dependent judiciary branches. In their influential work, Ramseyer and Rasmusen (2003) argue that judges who once belonged to a leftist group take longer to reach a ‘moderately prestigious status’ under the long-term conservative rule of Japan. Their method does not, however, deal appropriately with the possibility of judges not reaching this position because the judge dies, retires early, or is still at the early stage of her career. Ramseyer and Rasmusen also mistakenly assume that all judges will eventually obtain this position. This article develops a survival analysis model of judicial careers and attempts to solve the problems of censoring, left truncation, and split population. We also offer a way to utilize a matching procedure to estimate average treatment effects on censored time-to-event as well as event occurrence. We re-analyze a corrected version of Ramseyer and Rasmusen's data using their and our methods. One of the most important findings is that, contrary to what Ramseyer and Rasmusen argue, leftist judges are not discriminated against in terms of the timing of promotion.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2015 

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References

Becker, Rolf and Saalfeld, Thomas (2004), ‘The Life and Times of Bills’, in Doring, Herbert and Hallerberg, Mark (eds.), Patterns of Parliamentary Behavior: Passage of Legislation across Western Europe, Aldershot: Ashgate, pp. 5790.Google Scholar
Bland, J. Martin and Altman, Douglas G. (1994), ‘Matching’, British Medical Journal, 309:1128.CrossRefGoogle ScholarPubMed
Box-Steffensmeier, Janet and Jones, Bradford (2004), Event History Modeling: A Guide for Social Scientists, New York: Cambridge University Press.CrossRefGoogle Scholar
Box-Steffensmeier, Janet M., Radcliffe, Peter M., and Bartels, Brandon L. (2006), ‘The Incidence and Timing of PAC Contributions to Incumbent US House Members, 1993–94’, Legislative Studies Quarterly, 30 (4): 549–79.CrossRefGoogle Scholar
Clark, David H. and Regan, Patrick M. (2003), ‘Opportunities to Fight: A Statistical Technique for Modeling Unobservable Phenomena’, Journal of Conflict Resolution, 47 (1): 94115.CrossRefGoogle Scholar
Diamond, Alexis and Sekhon, Jasjeet S. (2013), ‘Genetic Matching for Estimating Causal Effects: A General Multivariate Matching Method for Achieving Balance in Observational Studies’, Review of Economics and Statistics, 95 (3): 932–45.CrossRefGoogle Scholar
Epstein, Lee and Knight, Jack (1998), The Choices Justices Make, Washington, DC: Congressional Quarterly Inc.Google Scholar
Ferejohn, John, Rosenbluth, Frances, and Shipan, Charles (2007), ‘Comparative Judicial Politics’, in Boix, Charles and Stokes, Susan Carol (eds.), The Oxford Handbook of Comparative Politics, Oxford: Oxford University Press, pp. 727–51.Google Scholar
Gibson, James L. (2006), ‘Judicial Institutions’, in Rhodes, R. A. W., Binder, Sarah A., and Rockman, Bert A., The Oxford Handbook of Political Institutions, Oxford: Oxford University Press, pp. 514–34.Google Scholar
Ginsburg, Tom (2003), Judicial Review in New Democracies: Constitutional Courts in Asian Cases, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Hall, Kermit L. (2005), ‘Judicial Independence and the Majoritarian Difficulty’, in Hall, K. L. and McGuire, K. T., The Judicial Branch, Oxford: Oxford Univeristy Press, pp. 6085.Google Scholar
Hettinger, Virginia A. and Zorn, Christopher (2005), ‘Explaining the Incidence and Timing of Congressional Responses to the US Supreme Court’, Legislative Studies Quarterly, 30 (1): 528.CrossRefGoogle Scholar
Ho, Daniel, Imai, Kosuke, King, Gary, and Stuart, Elizabeth (2007), ‘Matching as Nonparametric Preprocessing for Reducing Model Dependence in Parametric Causal Inference’, Political Analysis, 15 (3): 199236.CrossRefGoogle Scholar
Holland, Paul W. (1986), ‘Statistics and Casual Inference’, Journal of American Statistical Association, 81: 945–60.CrossRefGoogle Scholar
King, Gary and Zeng, Langche (2007), ‘When Can History be Our Guide? The Pitfalls of Counterfactual Inference’, International Studies Quarterly, 51 (1): 183210.CrossRefGoogle Scholar
Maitra, Pushkar and Smyth, Russell (2004), ‘Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers: An Empirical Study of the New Zealand High Court’, European Journal of Law and Economics, 17 (2): 209–35.CrossRefGoogle Scholar
Masuyama, Mikitaka (2001), ‘Agenda Power in the Japanese Diet: A Duration Analysis of Lawmaking’, Ph. D. Dissertaton, University of Michigan.Google Scholar
Masuyama, Mikitaka (2005), ‘Saibankan kyaria no seizon bunseki [Survival Analysis of Judicial Career]’, Seikei Hogaku, 61: 411–56.Google Scholar
Martin, Lanny W. (2004), ‘The Government Agenda in Parliamentary Democracies’, American Journal of Political Science, 48 (3): 445–61.CrossRefGoogle Scholar
Nihon Minshu Horituka Kyokai Shiho Seido Iinkai (1998), Zensaibankan keireki soran [Biographical Information on All Judges], 3rd edn, Tokyo: Kojinsha.Google ScholarPubMed
Ramseyer, J. Mark and Rasmusen, Eric B. (2003), Measuring Judicial Independence: The Political Economy of Judging in Japan, Chicago: University of Chicago Press.CrossRefGoogle Scholar
Ramseyer, J. Mark and Rasmusen, Eric B. (2006), ‘The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993’, University of Pennsylvania Law Review, 154: 1879–930.CrossRefGoogle Scholar
Ramseyer, J. Mark and Rosenbluth, Frances M. (1993), Japan's Political Marketplace, Cambridge, MA: Harvard University Press.Google Scholar
Ramseyer, J. Mark and Rosenbluth, Frances M. (1998), The Politics of Oligarchy: Institutional Choice in Imperial Japan, Cambridge: Cambridge University Press.Google Scholar
Salzberger, Eli and Fenn, Paul (1999), ‘Judicial Independence: Some Evidence from the English Court of Appeal’, Journal of Law and Economics, 42 (2): 831–47.CrossRefGoogle Scholar
Shetreet, Shimon and Deschênes, Jules (1985), Judicial Independence: The Contemporary Debate, Dordrecht: M. Nijhoff.Google Scholar
Kenkyusho, Shiso Undo (1969), Osorubeki saiban [Fearsome Trials], Tokyo: Zenbosha.Google Scholar
Solomon, Peter H. (2007), ‘Courts and Judges in Authoritarian Regimes’, World Politics, 60 (1): 122–45.CrossRefGoogle Scholar

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