Women Robed in Independence: How Women Judges Influence Perceptions of Judicial Independence in Europe

Emi Lee Smart, Abbie Wood

Research output: Contribution to journalArticlepeer-review

Abstract

The number of women on high courts across the globe has been steadily increasing. Recent estimates found that women now make up 61% of the judiciary in European countries (Organisation for Economic Co-operation and Development 2019). The large number of women now serving in judicial positions has resulted in a changing demographic makeup of courts. While the majority might think this is a step forward for diverse representation, there is ultimately a dichotomy between judicial accountability that comes as a result of increased diversity in descriptive representation and judicial independence. Given this dichotomy, along with the increase in women on courts, it follows that the public’s perceptions of courts’ independence has the potential to change. We explore this phenomenon by asking the following question: How does the presence of women on high courts impact perceptions of judicial independence among the public? Using survey data gathered from respondents in twenty-seven European countries from 2016 to 2022, we examine how the dynamics of an increasing number of women on high courts alters the public’s perceptions on the level of independence of the court in their country. We draw from literature on judicial independence as well as women political elites and corruption. Importantly, we document that increasing the percentage of women on courts results in higher perceptions of judicial independence for women. Overall, our findings highlight important trends regarding gender diversity in political institutions and how changes in descriptive characteristics shape perceptions of judicial independence.

Original languageEnglish (US)
JournalJournal of Law and Courts
DOIs
StateAccepted/In press - 2025

Keywords

  • comparative courts
  • Europe
  • judges
  • women

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

Fingerprint

Dive into the research topics of 'Women Robed in Independence: How Women Judges Influence Perceptions of Judicial Independence in Europe'. Together they form a unique fingerprint.

Cite this