Beyond Landes Posner Model: Modelling Independent Judiciary Based On Social Choice Theory

The paper presents a novel model of an independent judiciary based on moderate and rationalassumptions within the framework of Social Choice Theory. This model seeks to address afundamental question: Why is the judiciary granted structural and functional independence,greater than constitutionally envisioned, in modern democratic political institutions, despitecertain constitutional authority of other branches of government to curtail such independenceThis model improves upon earlier frameworks, such as the LandesPosner model, which relieson rigid assumptions and when tested to its limitations, the LandesPosner model fails toaccurately reflect judicial institutions. The key finding of this paper is that other branches ofgovernment allow judicial independence as a rational mechanism to resolve issues arising fromcyclical preferences in decisionmaking (preference deadlocks). By providing a stable andimpartial resolution, the judiciary plays a crucial role in maintaining institutional equilibrium.

Recommended Citation

Rishi A. Kumar (2025) "Beyond Landes Posner Model: Modelling Independent Judiciary Based On Social Choice Theory", GNLU Journal of Law And Economics : Volume VIII 2025, Issue I
Available at: https://gnlu.ac.in/GJLE/Publications/Beyond Landes Posner Model: Modelling Independent Judiciary Based On Social Choice Theory