Suchergebnisse

AbstractThis 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.

In this paper we provide evidence from Japan that bears on a general theory of agenda power in legislatures. By agenda power we mean the power to determine: (a) which bills are considered in the plenary session of the legislature and (b) restrictions on debate and amendment to these bills, when they are considered. While a substantial amount of work has focused on the second category of agenda power, including studies of special rules in the US House (e.g., Sinclair forthcoming), closure in the UK House of Commons (e.g., Cox, 1987; Dion, 1997), and the guillotine in the French National Assembly (e.g., Huber, 1996), there is very little on the first and arguably more fundamental sort of agenda power. This agenda power – the power to decide which bills will actually be considered on the floor of the legislature – is our focus here, and henceforth when we refer to 'agenda power' we shall mean this narrower conception.