Gretchen Helmke and Frances Rosenbluth, “Regimes and the Rule of Law: Judicial Independence in Comparative Perspective.” Annual Review of Political Science, vol. 12, no. 1 (2009): 345-366.
Summary: According to popular wisdom, judicial independence and the rule of law are essential features of modern democracy. Drawing on the growing comparative literature on courts, Helmke and Rosenbluth unpack this claim by focusing on two broad questions: How does the type of political regime affect judicial independence? Are independent courts, in fact, always essential for establishing the rule of law? In highlighting the role of institutional fragmentation and public opinion, Helmke and Rosenbluth explain why democracies are indeed more likely than dictatorships to produce both independent courts and the rule of law. Yet, by also considering the puzzle of institutional instability that marks courts in much of the developing world, Helmke and Rosenbluth identify several reasons why democracy may not always prove sufficient for constructing either. Finally, Helmke and Rosenbluth argue that independent courts are not always necessary for the rule of law, particularly where support for individual rights is relatively widespread.