Journal ArticleDOI
Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court
Reads0
Chats0
TLDR
In this paper, an empirical analysis of judicial behavior in the Spanish Supreme Court, a court of law dominated by career judges, is presented, which suggests that a career judiciary is not strongly politically aligned and favors consensus, formalism and dissent avoidance.Abstract:
This article develops an empirical analysis of judicial behavior in the Spanish Supreme Court, a court of law dominated by career judiciary. We focus on administrative review. The evidence seems to confirm that a career judiciary is not strongly politically aligned and favors consensus, formalism, and dissent avoidance. Notwithstanding, we detect a significant relationship between the decisions of the Court and the interest of the government. We suggest that our empirical analysis makes a significant contribution to undermine the myth of political insulation by career judges. Unlike previous literature, however, we argue and illustrate that judicial politicization can be consistent with consensus and dissent avoidance.read more
Citations
More filters
Journal ArticleDOI
Using machine learning to predict decisions of the European Court of Human Rights
TL;DR: This work investigates how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict (future) judicial decisions, and demonstrates that it can achieve a relatively high classification performance when predicting outcomes based only on the surnames of the judges that try the case.
Journal ArticleDOI
An empirical analysis of constitutional review voting in the polish constitutional tribunal, 2003–2014
TL;DR: The analysis of the decision-making in the Polish Constitutional Tribunal seems to support the existence of some party alignment, either because judges' preferences coincide with the interests of a specific party or because the judges are incentivized to show their loyalty to a party.
Journal ArticleDOI
Ideological influences on governance and regulation: The comparative case of supreme courts
TL;DR: In this article, the authors posit a dynamic response model to investigate attitudinal behavior in different national courts and estimate the attitudinal decisionmaking on the institution as a whole, and estimate ideological ideal point preference for individual justices.
Journal ArticleDOI
Toga Party: The Political Basis of Judicial Investigations against MPs in Italy (1983–2013)
Andrea Ceron,Marco Mainenti +1 more
TL;DR: In this paper, the authors investigate the influence of ideology on judicial decision-making and show that it holds true even when the judiciary is independent of political control and demonstrate that ideology affects judicial decision making.
Journal ArticleDOI
"um voto qualquer"? o papel do ministro relator na deliberação no supremo tribunal federal
TL;DR: The role of the rapporteur in the Brazilian Supreme Court has not been subject to great scholarly attention as mentioned in this paper, but it is known that the other ten Justices tend to follow the written opinion of the justice rapporteur, in almost every case.
References
More filters
MonographDOI
Judicial Review in New Democracies: Constitutional Courts in Asian Cases
TL;DR: In this paper, the authors examine three constitutional courts in Asia: Taiwan, Korea and Mongolia, and argue that the design and functioning of constitutional review are largely a function of politics and interests.
Journal ArticleDOI
What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
TL;DR: In this article, a positive economic theory of the behavior of appellate judges and Justices is presented, arguing that the effort to insulate judges from significant economic incentives, through devices such as life tenure and stringent conflict of interest rules has not rendered judicial behavior immune to economic analysis.
Journal ArticleDOI
Ideological Values and the Votes of U.S. Supreme Court Justices
Jeffrey A. Segal,Albert D. Cover +1 more
TL;DR: Using content analytic techniques, this paper derived independent and reliable measures of the values of all Supreme Court justices from Earl Warren to Anthony Kennedy, providing strong support for the attitudinal model.
Journal ArticleDOI
Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeals
Frank B. Cross,Emerson H. Tiller +1 more
TL;DR: In traditional legal analysis, scholars take for granted the effect of Supreme Court doctrine lower courts are presumed to adhere to the self-enforcing principle of stare decisis and to apply the doctrines of higher courts to the particular facts of the underlying case as mentioned in this paper.
Journal ArticleDOI
On the nature of supreme court decision making
Tracey E. George,Lee Epstein +1 more
TL;DR: In this article, the authors used the U.S. Supreme Court cases involving the imposition of the death penalty since 1972 and estimated and evaluated the models' success in accounting for decisional outcomes, concluding that the legal perspective overpredicted liberal outcomes, the extralegal model conservative ones.