Judiciary's Achilles Heel: Executive Control via Appointment Power
Sultan Mehmood  1@  
1 : Université Paris-Dauphine
université Paris Dauphine, PSL Resarch University

To what extent does the selection mechanism of the judges impact judicial decision making? We document a substantial increase in judicial independence and reduced case delay in Pakistan, as a result of a 2010 judicial selection reform which changed the selection procedure of the judges from the presidential appointment of the judges to the selection of judges by a judicial commission (consisting of peer judges). Using mandatory retirement age as an instrument for new appointments, we estimate the causal effect of the change in appointment procedure on judicial independence and case delay. Better enforcement of laws regulating land disputes with government agencies is a key mechanism driving these results. We further show that the judges selected by the judicial commission are significantly less likely to be politically active prior to their appointments or receive the controversial “Prime Minister's Assistance Package” (that awards residential plots to the judges) compared to the judges appointed by the president.


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