Collaborative Research: Policy Diffusion: International Influences on Appointments to High Courts

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Despite rapid demographic change concerning who is obtaining legal education and occupying positions that traditionally serve as springboards to high courts, the demographic characteristics ofjustices on high courts around the world are not changing concomitantly. The United States, Organization for Economic Cooperation and Development (OECD), United Nations (UN), and World Bank among others have poured significant resources into judicial reform. However, global data and a clear understanding of why some high courts have become more descriptively representative of citizenry than others are not available. This project constructs a new dataset on men and women?s appointments to high courts in 168 countries from 1970 to 2010. Using the dataset, the PIs will explain change and stability in demographic characteristics of those appointed to high courts in some countries at particular points in time. Building on theories of international norm diffusion, the PIs will test whether countries learn from their neighbors or if countries respond to the preferences of international donors. Further, global norms may interact with a country?s political system, making change more likely when civil society can nominate judges, when courts are larger, and when the country is democratic. In addition, the PIs will interview judges and government officials in four countries to shed light on how external and internal pressures influence high court appointments. Demographic change might lead to changes in policies and might also contribute to perceptions of the fairness of governing institutions as well as public confidence in high courts, making the issue one of substantial social significance. Understanding the conditions under which the demographic characteristics of appointees might change could assist policymakers and would provide evidence to evaluate the effectiveness of aid programs. In addition to sharing findings with the scholarly community, the PIs will make the data publicly available for scholars and policymakers.