减少司法选举中的党派性可以提高法官质量:来自美国州最高法院的证据

Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts

Journal of Public Economics · 2021
被引 14
人大 AABS 3

中文导读

研究美国州最高法院法官选拔方式对工作质量的影响,发现非党派选举或专家委员会选拔的法官比党派选举产生的法官产出更高质量的判决意见,对司法改革有参考价值。

Abstract

Should technocratic public officials be selected through politics or by merit? This paper explores how selection procedures influence the quality of selected officials in the context of U.S. state supreme courts for the years 1947–1994. In a unique set of natural experiments, state governments enacted a variety of reforms making judicial elections less partisan and establishing merit-based procedures that delegate selection to experts. We compare post-reform judges to pre-reform judges in their work quality, measured by forward citations to their opinions. In this setting we can hold constant contemporaneous incentives and the portfolio of cases, allowing us to produce causal estimates under an identification assumption of parallel trends in quality by judge starting year. We find that judges selected by nonpartisan processes (nonpartisan elections or technocratic merit commissions) produce higher-quality work than judges selected by partisan elections. These results are consistent with a representative voter model in which better technocrats are selected when the process has less partisan bias or better information regarding candidate ability.

司法选举非党派选举法官质量技术官僚选拔