Judicial independence is a universal notion enshrined in many nations' constitutions and other legal texts, yet its meaning is often contested empirically.
When it comes to everyday operations, courts are social organizations constantly influenced by a variety of political and social forces. Local governments, political parties, the military, large corporations, wealthy or powerful individuals, or social activists can all exercise notable influence on judicial decision-making and the social structure of courts.
The “haves” not only come out ahead in litigation as Marc Galanter (1974) famously argues; they also shape the social organization of courts. This can be observed from the administration of justice in grassroots courts to the appointment and promotion practices of higher courts, from the internal hierarchy of the judicial bureaucracy to the external political control exercised upon the judiciary. The three articles in this section present three different aspects of courts as social organizations - namely, everyday judging in lower courts, political and bureaucratic control, and the (gendered) career trajectories of judges.7.4